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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am taking over a Pub None of the Staff have contracts one

Resolved Question:

I am taking over a Pub None of the Staff have contracts one is said to be full time the others are part time What is my obligations I am closing for four weeks to refurbish are they all entitled to pay while the pub is shut and am I obliged to give them jobs when I reopen
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Do you know how long they have worked for?

Customer:

Not exactly I think the full time staff Two years Not sure of the others do not feel they can have been there that long..

Ben Jones :

Do you actually wish to keep any of them on?

Customer:

Not sure The full time one doesnt really fit in with our remit so was going to drastically reduce the hours because I will be doing the jobs she does as owner operator

Customer:

The other I could give some shifts to but not while building work is in progress

Ben Jones :

ok let me get my response ready please

Ben Jones :

When you take over the pub, assuming you will continue running it as a pub, you will have certain obligations under a piece of legislation known as TUPE where you have to take on all existing employees and retain their current terms and conditions.


 


If you take over the pub and then have to shut down for a few weeks for refurbishment that would not break their service and you cannot just dismiss them and would need to continue honouring their contracts. That does mean that you cannot force them to go unpaid for this period unless their contract allowed it, which is unlikely. So you will be expected to pay them for this period or it could amount to breach of contract. One way out is to give them sufficient notice and force them to use up their holiday allowance as part of this – as an employer you can force employees to take their leave whenever you decide, subject to certain notice requirements.


 


Finally, you can seek to dismiss these employees that do not have the required service for protection against unfair dismissal. It means you can take them on and issue them notice straight away to terminate their employment. However, this only applies to those employees that were employed after 6 April 2012, or those that started before that and have less than 2 years’ service at the time their employment terminates. This also means you can select those you do not wish to retain after you finish the refurbishment

Customer:

I said originally I do not think that anyone has contracts is that more favourable

Ben Jones :

Not necessarily - a contract would still be implied into place, they will expect to be able to work their usual hours so the lack of a contract and as such, a clause that allows you to force them to take unpaid leave, will go against you, not in your favour- it simply means you cannot do this and have to rely on the forced holiday or dismissal options

Ben Jones :

It is not illegal to look for another job whilst employed by the current employer – everyone has the right to move employers if they want to, even for a competitor, especially if there are no restrictions in the contract. Just try not to do this in company time as that could be viewed negatively and could prompt the employer to try and accuse you of misconduct.


 


The prospective employers should not contact your current one without your consent. Sometimes they may do so inadvertently and this can be negligent but it is rare so don’t panic at this stage unnecessarily.

Ben Jones :

oops sorry please ignore the last couple of paragraphs, posted in wrong conversation

Customer:

what are the notification requirements

Ben Jones :

for holidays - at least twice as long as the holiday to be taken (e.g. you want them to take 2 weeks holiday, you must give them 4 weeks notice)

to terminate their employment - one week for every full year of employment

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Customer:

So if I terminate her employment I pay For Two weeks If she has only worked for two years She stated she works 55 hours a week would I be obliged to pay the equivalent or would Two flat weeks of 40hours suffice

Ben Jones :

yes but remember that you can only dismiss those with less than 2 years service as they are not protected against unfair dismissal, those with over 2 years you will struggle without a good reason. If you give notice then you must pay them at their usual rate, if she does not do regular hours then it is the average of the last 12 weeks

Customer:

Thank You Ben Very Helpful

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46794
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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