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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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a team of us worked at a pub/restaurant,all over 2 years, all

Resolved Question:

a team of us worked at a pub/restaurant,all over 2 years, all with contracted hours.
the pub closed for re-fubishment on 4th October & we are all supposed to keep our jobs, now they are saying we have to sign new contracts under a different company name.
1/ can they do this?
2/ should we have been payed for our contracted hours, while its being re-furbished? (there is no lay-off clause in our current contract)
3/ should we accrue holiday entitlement while its closed?
thanks
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. What has been the break in service in other words when do they intend you to restart? Is the employer the same, despite the change in company name?

Customer:

hello,the pub closed for refurbishment on 4th October & is due to re-open 1st December. yes the employer is the same people, just trying to be under a different name

taratill :

If there is no lay off or short time working clause and your contract remains the same then you should be paid for the period you are not working. If they are saying that you will restart on a new contract for a new employer at the end of the period then your original contracts should have been terminated by reason of redundancy and you are free to accept new ones if you wish.

taratill :

As it stands you should ask for payment for the period and for the terms of the new contract to be the same.

taratill :

If they will not agree to this then it is probably worth starting the ACAS pre-claim conciliation process to try to resolve the issue.

Customer:

& should I do this in writing giving them 14 days to pay me & send by recorded delivery? some of us don't feel that we can go back to work for them now

taratill :

Yes that is a good idea.

taratill :

details of the conciliation service are found at http://www.acas.org.uk/earlyconciliation

Customer:

& what if they don't pay us?

taratill :

In the circumstances you will also be able to claim constructive/ unfair dismissal and failure to consult.

taratill :

if they do not pay you you engage the coniliation service and if that does not work you raise a claim.

taratill :

You cannot be treated like this.

Customer:

will we have accrued holiday entitlement during this period- we haven't had any since 4th august 2014

taratill :

Yes you are also entitled to holiday pay.

Customer:

would it cost us to raise a claim & should we do it together? strength in numbers as it were?

taratill :

Yes you can raise a claim as a group. The ACAS conciliation is free but the claim may incur an additional cost, depending on your financial circumstances as there is a tribunal fee for lodging a claim and for the hearing.

taratill :

If you have household insurance this often contains free legal advice insurance so this may be worth checking.

Customer:

ok thankyou very much x

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