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Old 25 April 2015, 08:30 AM
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pimmo2000
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Default Legal advice .. ish

Friend of mine works for a pub, said pub is being bought out and re-furbed.

During the close down period all the staff are being told their jobs will end and then start up again when the pub opens, so they need to sign on?

Sound's a bit iffy to me that, any ideas?
Old 25 April 2015, 09:02 AM
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hodgy0_2
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What does their contract of employment say?
Old 25 April 2015, 10:03 AM
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Felix.
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If the pub is closing and changing to another company - then their jobs will be made redundant. They then will re-apply to the new company for another job.

Depending on their contracts, their should receive some sort of redundancy pay.
Old 25 April 2015, 10:41 AM
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andy97
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The refurb could takes several weeks to months. Hence being made redundant. I don't know the TUPE rules for transfer of workers rights see here
https://www.google.co.uk/url?sa=t&so...w5V8B0Ja3Fx8_Q
Old 25 April 2015, 07:20 PM
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Midlife......
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Ive been TUPE'd over several times, all that changes is the name on the headed notepaper, badge and payslip. You cannot sign on if you are TUPE'd.

They are being made redundant and then being re-employed so all will be in their contracts.

https://www.gov.uk/calculate-your-redundancy-pay

Shaun
Old 28 April 2015, 03:02 PM
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Devildog
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Originally Posted by pimmo2000
Friend of mine works for a pub, said pub is being bought out and re-furbed.

During the close down period all the staff are being told their jobs will end and then start up again when the pub opens, so they need to sign on?

Sound's a bit iffy to me that, any ideas?
Sounds iffy to me too (subject to the caveat in my last sentence below).

This has all the hallmarks of a TUPE transfer. Even businesses that have been closed for some time if they are bought and re-opened to trade in the same way as they did before they were closed. Examples from case law mostly feature clubs, hotels and pubs.

Looks like the new owner wants to avoid having to pay the wages durung the refurb and having continuity of employment.

Employee contracts are irrelevant as you cannot contract out of statute.

Pimmo - Are you in the Chanel Islands? There may be diifferent employee laws there to what applies in England, Scotland & Wales.

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