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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 44871
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can you help. My mum has worked in a Tea Shop for the

Customer Question

Can you help.

My mum has worked in a Tea Shop for the same employer for 12 years. For 9 of those years 4 days a week and the remainder at 3 days a week. The employer has now sold the business and the new owners are going to run it themselves. My mums employer has told her that she is not entitled to redundancy pay as she is selling the business. She has also not EVER paid my mum holiday pay and when her accountant told her she must she just said ' I can't afford to' ! Also she has taken £20 a week off of my mum towards her tax payments, her accountant has also told her she owes my mum £400 as her tax was not that amount. She only earns £80 per week! Surely she must by law be entitled to something?? Any advise would be gratefully received.
Deb Major [email protected]
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know what your specific question is?

Ben Jones :

There is no need to leave a rating before even receiving my advice. Can you please let me know if the new owner is willing to take her on?

Ben Jones :

Hello, are you getting any of my replies?

JACUSTOMER-38oc1270- :

Sorry hadn't got your replies and wasn't aware I had left a rating!?

JACUSTOMER-38oc1270- :

Hi, sorry not got replies until now and wasn't aware I had left a rating, not on purpose anyway?! The new employer is not willing to take anyone on. They instend to just run it with themselves as it is a small turnover. Mum has also never been given her payslips either, the employer always keeps them.

Ben Jones :

Thank you, I will clarify her rights for you. If the old employer is selling the business then it is most likely that a piece of legislation known as TUPE would apply. This would operate in a way that her employment will automatically transfer to the new employer and she will keep her continuous service as well as her existing terms and conditions. The new employer will have to take her on with the same contract that she had before the sale. Liability for any unpaid holidays or wages will then transfer to the new employer and she can pursue them if necessary.

In terms of dismissal, they cannot terminate her employment simply because the business was sold and they do not want her there. Dismissals where the reason for dismissal is the transfer itself will be automatically unfair. They could say that they will run the business themselves and that there is no need to retain her services but that would really be a redundancy and as such she would be due notice payment as well as redundancy payment.

She is able to make a tribunal claim to claim unfair dismissal, redundancy, holiday pay and the tax she is owed but needs to be reasonably quick as the time limit to claim is only 3months. The claim can be submitted using the following form (ET1):

www.justice.gov.uk/global/forms/hmcts/tribunals/employment/index.htm

I would also be grateful if you can please update your rating for me, many thanks

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