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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 68035
Experience:  Qualified Solicitor
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End of November I took the franchise of a golf glub, the

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JA: Hello. How can I help?
Customer: End of November I took the franchise of a golf glub , the employees is under this Tupe law. I need information and advice .
JA: Was the TUPE issue discussed with a manager or HR? Or with a lawyer?
Customer: with nobody
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: I don't know , I m in a situation that really I can work or handle
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no , I need to have informations and advice

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.

What do you specifically want to know about this, please?

Customer: replied 5 months ago.
I need to know what tupe is and how long I need to keep them
Customer: replied 5 months ago.
I m really tired right now , I need informations and advice how can rid of them
Customer: replied 5 months ago.
I have no problem to pay you the amount of asking money but I m working all day every day with no day off and I'm paying three people without any practical help
Customer: replied 5 months ago.
I need to know what it is and how can rid of them to hire staff that really can help me
Customer: replied 5 months ago.
if you are not able to help me right now , we can arrange it some other day I need to rest , I need to be at five o clock at the restaurant to prepare breakfasts for 80 people , so , can you help me ?

Thanks, ***** ***** ignore the phone call offer as that is optional. Do you know how long the employees in question have worked there for in total?

Please note as it is the weekend I cannot always answer immediately, thanks

Hello, I am not sure if you saw my query above: Do you know how long the employees in question have worked there for in total?

Customer: replied 5 months ago.
Just returned. No I don’t but I can find out tomorrow morning , my accountant having the file. In between yesterday, a mother of one of them came into my kitchen shouting and threatening me that she will sue me , she took her delayed by twenty minutes daughter In the middle of the shift and left front of the costumers , today she didn’t come to work and this is the reason I didn’t see your message I worked for two . Anyway tomorrow I will know for sure how long worked with the previous franchisee and I will let you know . For me they start to working 1st of December
Thank you

ok great, that would be useful to know so once you find out please get back to me and we can continue

Customer: replied 5 months ago.
Good morning
Matt Sandy
The first contract was 17/03/2013
renew the contract 08/11/2017
Jasmine Young
Matt is 25 years old
Jasmine is 19 years oldThe specific issue and the problematic in that case is that the previous franchisee was chef , I m not a chef , I m front of the house manager , as manager I can stand in the restaurant wherever required, even in the kitchen , being in the kitchen all day every day I cannot see my business, I cannot see the costumers (members) so to see what they want so to offer to them , To continue a settled situation that it wasn’t so successful ( this is the reason the golf club gave me the franchise) it’s not very wise of me and at the end of the day I m not a chef , whatever change I want to do in the club I need a chef , and nobody of the existence staff is Chef , I offer them training with my expenses to keep their jobs and they refused. How can I run a business , paying staff that I really don’t need and paying them I cannot afford to to hire a chef
That is my question and I need your advice
Thank you and good day

Thank you. If the Transfer of Undertakings (Protection of Employment) Regulations 2006 (better known as TUPE) apply to a transfer, those employees assigned to the transferring business will automatically move to the new employer on their existing contractual terms and conditions. Simply put, the new employer would 'step into the shoes' of the old employer and the employees should start working for the new employer as if nothing had changed, apart from the name of their employer. They would also preserve their continuity of service and the time with the old employer will form part of their continuous service.

So there is no minimum period you need to keep them for - you have to keep them on as if they were your employees until they either leave or you can justify a fair dismissal.

One good piece of news is that those with less than 2 years continuous service have no unfair dismissal protection so the person who started less than 2 years ago can be dismissed without any reason, as long as you pay her the contractual notice period she is due.

The other person may also be dismissed in certain circumstances but it will be trickier. For example, if his job is no longer required you could consider going down the redundancy procedure but you must ensure it is all done fairly and he will also be due redundancy payment.

Does this answer your query?

Customer: replied 5 months ago.
thank you , now understand how it works.
Could you please in a few lines advice me what I need to do
Thank you in advance

to achieve what precisely?

Customer: replied 5 months ago.
I want to create a new team with professional staff to have the qualities and standards that I represent as a manager, I agreed with the club management when I took over the franchise to upgrade the club, with this employees it’s not possible to achieve my goals and club goals, as you understand I don’t want them in my team.

well as mentioned the one with less than 2 years' service is not a problem as you can dismiss them anyway. The other one you will have to try and make redundant but you have to be able to show that their role is not available any longer and that they won't be replaced, plus you also have to offer them any alternatives that are available so you need to make sure none are to avoid having to do that. You can always approach them on a 'without prejudice basis' as well where it is an off the record chat and offer them compensation to lave but you cannot force them to accept that so it would be up to them, usually based on how good of a deal it is for them

Customer: replied 5 months ago.
Ok then , I got it, already offer them training and they refused , anyhow , thank you very much indeed.
I don’t know how this site works and how I proceed to the payment
Please informed me

All you need to do is select 5 stars at the top of the page, many thanks

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