TUPE advice please

Libluvzsuzy

Hi! I’m in such a stressful situation. I have worked at a brewery managed pub, under 2 different landlords over past 7 years. Just over a month ago, my boss said that the brewery was not renewing their contract & they had a month to leave basically, i’m not sure what the circumstances were round this. We(the staff)were told, by my boss, that the brewery would have to take on our contracts and TUPE us. I have checked, and this brewery does have to comply with TUPE. None of us staff have had any correspondence whatsoever from the brewery. The day that our boss left, handed over contracts etc was a few days ago. Basically a new independent manager has taken over, but only for 3 months as the pub is closing for 3 months after xmas for a major refurbishment. So apparently, i’m employed by the brewery. The new manager is happy to keep me on, but it’ll only be until the refurb. Should the brewery have or legally contacted me. I literally have no idea whats going on. Should the brewery be paying my usual wage, even though technically i’m not working for them? Would really appreciate some advice 🙏

LinLui

It's something of a mess, but you are working for them if they now own /manage the pub, so yes, they are obliged to maintain your contractual terms unless they tell you otherwise, in which case it mau or may not be "right" for them to change the terms. If they try to change the terms, you'll need to come back and discuss that specific. Both employers should have consulted - https://www.acas.org.uk/inform-and-consult-staff-in-a-tupe-transfer - and if they are intending to make you redundant they must also follow a fair redundancy process.

Realistically, we can tell you what should have happened and what should not happen, but to determine what the employer will do, you really do need to ask your questions of the manager, or failing them, the brewery direct. I assume you are not in a union, so you may need to talk to ACAS. Techincally you may be entitled to compensation for a failure to consult - but claims are time limited, and depending on the contract going forwards (will they definiotely let you go at the refurb, for example) you may or may not wish to start a claim. But tribunal claims are limited to three mopnths less a day from the act you are complaining about, so time is already ticking. 

Libluvzsuzy

Thanks so much! I’m not in a union, my new manager say’s he doesn’t know the situation and when i approached the brewery area manager yesterday when she visited the pub, she said she also didn’t have any answers for me. I completely understand that the Tupe law is a complicated one, but don’t think it would kill then to at least communicate with us.

Hoenir

Perhaps the past manager left unexpectedly. Being the summer. Many people are away on holiday. In due course all will become clearer. The pub doesn't close for refurbishment for 7 months yet. 

Brie

I would send the brewery a letter stating your concerns.  Polite but firm to say that obviously you need to know what is happening and if your employment is going to continue at that location.  If it isn't will they be relocating you or making you redundant.  

If the pub is closing after Christmas (so likely beginning of January) that's less than 5 months away.  There are rules about making people redundant which mean notifications being given, time to discuss and/or consult depending on the circumstances.  They will be running out of time as well.  

LinLui

It is also possible - I've seen this before in hospitality- that they will lay off rather than make redundant,  so you do need to have some conversations.

DullGreyGuy

Look at your particulars of employment, who is the employer? It's not clear if you are employed by the sitting manager or directly by the brewery? Obv if its the later then TUPE doesn't apply because your employer isn't changing just the person acting as line manager

Libluvzsuzy

Hi Dullgreyguy, i’m still completely in the dark to be honest, the brewery are still not responding to my calls and emails. The new line manager wants to put me on his books, but i am trying to get to the bottom of this whole TUPE thing before i sign anything. Our contracts were handed to the Brewery. The new line manager told me that he will only be taking the pub until the refurb at the end of Christmas and he has not agreed to TUPE us. I have contacted ACAS and waiting hear back. Just don’t understand why they simply wont communicate with us. It’s been 5 weeks since my employers were given notice and nearly a week since the transfer, but i’m being ignored.