Rights lost with employer change under TUPE?
Susan20013
Posts: 10 Forumite
I have been the sole employee of a small company for over 15 years. My boss is elderly, with multiple health problems, but still running her small company (and me) on a daily basis. If she dies my employment contract gives me three months notice, (or three months pay in lieu of notice), as well as my statutory redundancy, all paid by the company.
Recently my employer has restructured her business affairs and told me that she is “closing” the company I work for, but will continue to employ me as her personal employee. She says that nothing will change in terms of my employment or entitlements as she is transferring me under TUPE.
However at present if my employer dies, and I am employed by her company, the company must give me three months notice, and pay my redundancy. However if I am to be employed by her as an individual, if she dies then my employment is instantly terminated. Although I believe I would still be entitled to redundancy from her estate, I would not have my three months notice.
I have lightly touched on this subject, and my employer insists that none of my rights have been changed. It is a little difficult to discuss in great detail because she gets upset when I keep asking about my financial situation if she dies. She just says her family will “make sure I am looked after”. Her family only visit their mother when they need money for yet another “business opportunity” and I am positive will do nothing to help me when their mother dies unless I can provide clear and legally binding proof of my entitlements.
Am I correct that TUPE will not protect my three months notice requirement if my employer dies, and can I somehow legally protect this with my "new" employer?
Recently my employer has restructured her business affairs and told me that she is “closing” the company I work for, but will continue to employ me as her personal employee. She says that nothing will change in terms of my employment or entitlements as she is transferring me under TUPE.
However at present if my employer dies, and I am employed by her company, the company must give me three months notice, and pay my redundancy. However if I am to be employed by her as an individual, if she dies then my employment is instantly terminated. Although I believe I would still be entitled to redundancy from her estate, I would not have my three months notice.
I have lightly touched on this subject, and my employer insists that none of my rights have been changed. It is a little difficult to discuss in great detail because she gets upset when I keep asking about my financial situation if she dies. She just says her family will “make sure I am looked after”. Her family only visit their mother when they need money for yet another “business opportunity” and I am positive will do nothing to help me when their mother dies unless I can provide clear and legally binding proof of my entitlements.
Am I correct that TUPE will not protect my three months notice requirement if my employer dies, and can I somehow legally protect this with my "new" employer?
0
Comments
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The 3 month notice should still apply
(Statutory would be 12 weeks)
The main issue is if she has structured her personal finances in a way there is no money.
Obvious question
Why don't you take over the business?0 -
The business is in a highly specialist medical field to which I do not have the qualifications. So "taking over" the business would be like a hospital orderly taking over the job of a consultant heart surgeon! My employer is well qualified and highly respected, hence why she is still working aged in her late seventies! There is a lot of money, but most of it is protected in a complicated maze of trusts and tax havens. I am worried because several employment forums indicate that in case of employer death my contract is immediately terminated, although I would still be entitled to redundancy.0
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Should still be entitled to PILON.0
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Susan20013 wrote: »
I have lightly touched on this subject, and my employer insists that none of my rights have been changed. It is a little difficult to discuss in great detail because she gets upset when I keep asking about my financial situation if she dies.
I think I would get upset if an employee keeps asking "what happens to me when you die?"!If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales0 -
Susan20013 wrote: »The business is in a highly specialist medical field to which I do not have the qualifications. So "taking over" the business would be like a hospital orderly taking over the job of a consultant heart surgeon! My employer is well qualified and highly respected, hence why she is still working aged in her late seventies! There is a lot of money, but most of it is protected in a complicated maze of trusts and tax havens. I am worried because several employment forums indicate that in case of employer death my contract is immediately terminated, although I would still be entitled to redundancy.
links?
immediate termination does not remove entitlement to notice.0 -
So if the OP's employing company "closes", but the former owner of the company continues to employ the OP on a personal basis, the employer's estate is liable for redundancy/PILON in the event that the employer dies?
If the employer's finances are a maze of trusts and tax "schemes" I might be a bit worried!0
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