How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64920
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Manager of a pub that was recently sold. we are under TUPE.

This answer was rated:

hi, manager of a pub that was recently sold. we are under TUPE. current employer has said he will not pay us, and will get 80% of wage from HMRC although we are still required to work in the business (cleaning, maintenence, etc) GOV.UK says that only will pay 80& to furloughed employees
JA: Was the TUPE issue discussed with a manager or HR? Or with a lawyer?
Customer: HR from new company
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: would like to know how staff stand also, as all except 2 are zero hours contracts

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer?

Customer: replied 15 days ago.
current employer since Jan 21 2020, previous employer within the same role since 8th November 2018

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. You are correct that the 80% scheme only applies to furloughed employees, meaning employees which are forced to stay off work due to there being no work for them as a result of the current situation. It does not allow the employer to claim and still ask you to work – these would be payments which they remain responsible for.

 

If the employer is refusing to pay you as they should you can consider making a claim for unlawful deduction of wages in the Employment Tribunal if needed.

 

Does this answer your query?

Customer: replied 14 days ago.
Many thanks Ben.

All the best

Ben Jones and other Employment Law Specialists are ready to help you