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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked as a bar assistant in a golf club now

Customer Question

I have worked as a bar assistant in a golf club now for over 2 years. I have been paid by them for that period. The club are now not going to be running the bar but will be outsourcing this service i.e. they will be getting a company to come in and provide this service for them. This company may or may not require to keep my on - i don't know this until the tendering/decision process has been completed. As I will no longer ben employed by the golf club, am I entitled to redundancy?
Many thanks.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Remus2004 replied 1 year ago.
Are you on a full contract or a zero hours contract?
Customer: replied 1 year ago.
I don't think I have ever signed a contract :-(
Customer: replied 1 year ago.
I work part time - around 16 hours per week.
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** my colleague has asked me to assist with your query as it is more my area of law. Just because the work you do is being outsourced does not mean you are entitled to redundancy. What happens in these circumstances is that a piece of legislation known as TUE will apply and your rights would be determined by it. If TUPE applies to a transfer like in this case, those employees assigned to the transferring jobs will move to the new employer on their existing terms and conditions. Simply put, the new employer will 'step into the shoes' of their old employer and the employees should continue working for the new employer as if nothing had changed, apart from the name of their employer. So they will basically take over as the employer and you should continue in the job and there would be no redundancy. You have the right to opt out of the transfer and refuse to move to the new employer but that is considered a resignation and no redundancy is due then either. Only if the new employer does not need you and there are no suitable alternative jobs for you will they have to consider redundancy. So you will have to wait and see if your job will be needed and if there are going to be any suitable alternatives before a redundancy can be discussed. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
Will my new employer have to keep my terms and conditions exactly the same then? If they change them, would I be entitled to refuse and be redundant? Thank you for all your help.
Expert:  Ben Jones replied 1 year ago.
They should but there are some circumstances in which they could be changed but they would need to justify exactly why and that it is a necessity, otherwise the changes will be automatically unfair. So you cannot automatically refuse them and ask for redundancy, even if the changes are made unfairly it does not trigger redundancy, you would have to resign and claim constructive dismissal
Customer: replied 1 year ago.
Can I ask one more question? I currently look after the bar - can my new employer make me look after both the bar and the kitchen (waitressing) as well (currently two people do these jobs) - would this be considered an unfair change?
Expert:  Ben Jones replied 1 year ago.
Yes that will likely be too much of a change to fall within acceptable changes. If for example you did table service as a barmaid and you were also asked to bring food at the same time, it would not be that different, but if you only worked at the bar and are now expected to also do table service, clear tables etc then that could be too much of a change. At least it is something you can raise and argue with them
Customer: replied 1 year ago.
I really appreciate your help. Thank you very much!
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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