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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47387
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Im about to take over a pub that has a full time member of

Customer Question

Im about to take over a pub that has a full time member of staff apparently on a 30 hr aweek contract being payed at 7£ an hour I already employe staff and want really have room for her but could reduce her hours down as the buissness cant affored her and my staff as it is I have already had to loose some staff all my staff get payed £6.50 and it would be un fair to pay her more plus the bussines really cant sustain that leveal of pay
please can you help
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Do you know how long she has worked there for?
Customer: replied 2 years ago.

3 years

Customer: replied 2 years ago.

3 years

Expert:  Ben Jones replied 2 years ago.
When you take over a business which has employees assigned to it, a law known as TUPE would apply and provide certain protection to those transferring employees. If TUPE applies to a transfer, those employees assigned to the transferring business 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. The above is the ideal outcome, although post-transfer difficulties may often arise. For example, the new employer may wish to try and change some of the incoming employees’ terms and conditions. However, under Regulation 4(4) of TUPE any such changes are automatically void, unless the employer can show they were in no way connected to the transfer or if they were necessary for an economic, technical or organisational reason (ETO reason) subject to employee agreement or the terms of the contract permitting the change. So try to get her agreement first and advise her that if that does not materialise then you will likely have to look at removing a member of staff under redundancy and her job would be at risk. The issue is you cannot just select her as the one to be made redundant and must adopt a fair and objective selection process, for example scoring all employees on certain criteria, with the lowest scorer going. So it could be someone else but inform her that her job would be at risk as anyone else’s and she may be agreeable to the changes to ensure that does not happen. Some employers may try and justify changes by arguing that they are needed due to harmonisation and therefore rely on an ETO reason. However, Government guidance and case law has restricted the application of harmonisation as a genuine reason to amend a person's terms of employment. Harmonisation will only be a valid reason if there is a change in the workforce and this must involve change in the numbers, or possibly functions, of the employees. In practice, relatively few contractual changes would involve such changes so harmonisation will rarely be used as a justifiable reason. If she does not agree to the changes then you could seek to terminate her existing contract by giving her the contractual notice she is entitled to (minimum 3 weeks) and after that introducing the changes. Just be advised that she could challenge this as an unfair dismissal and potentially take this to tribunal so there is no solution which is entirely risk-free. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or 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
Expert:  Ben Jones replied 2 years ago.
Hello, I see you have read my response to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? If your query has been dealt with please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. If you need further help please get back to me on here and I will assist as best as I can. Thank you.