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Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Employment Law
Satisfied Customers: 5445
Experience:  Dual qualified Solicitor and Attorney
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My wife was sacked from her job within 2 weeks that the new

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My wife was sacked from her job within 2 weeks that the new owner took over the business. There was meeting between her and the employer and that the employer said he would honour her employment but a week later was sacked by telephone. No reason was given and was told that she was not getting paid for the work previously. She worked there since 2011. Is she treated as a new employee or continuous from previous owners? What’s her rights?

Hi thank you for your message, from what you have said it is likely that TUPE applies. TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed changes hands. Its effect is to move employees and any liabilities associated with them from the old employer to the new employer by operation of law. If TUPE applies then your wife's total employment would count under both owners. If she was employed for more than 2 years therefore, then this dismissal would be likely to be classed as unfair dismissal and means she would be entitled to take the matter to an employment tribunal and get compensation but she would need to hire an employment solicitor to represent her. I hope this helps, if you can please accept my answer and rate me 5 stars (in the top right of your screen) then Just Answer will credit me for helping you today.

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