Just been made redundant...............:(

Magic_x_uk

Magic_x_uk

Magic_x_uk

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Joined
11 Oct 2005
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Derbyshire
Well another Redundancy thread.

I am (was) Head Chef of a country pub/restaurant. Been there 8 years. But did leave in the middle for 1 year.

Present 'tenants' (my boss's) handed in there notice to the guy who owns the area in which the pub/restaurant resides on, about 5 weeks ago.

We are currently in the middle of a refurbishment (although business still trading)


The Guy who I am employed by, runs his business as (example) joebloggs.ltd ceases trading tonight at 10pm

the business is shutting for a couple of days for new equipment etc. Then will re-open.

I have been given a letter by my present boss from the liquidators saying the necessary forms to claim redundancy will be sent to me.

I also received my wages today.



I was under the impression, the new owners HAD to take on existing staff as they will still be trading, still needing a Head Chef etc etc. I thought a lot of this was covered under TUPE.


Bit confused with all this and shocked in a way. I am sure I will find out more tomorrow etc from the new owner/manager if they want to re-employ me and the other existing staff.


Any advice people with knowledge on here can give or questions you need me to answer would very much be appreciated.


Cheers.......................
 
Contact ACAS in the morning to get some proper advice.
I hope you get this sorted or at the least get another job quickly.
 
I sympathise but don't know the answer. Perhaps they're trying to put on a legal façade in order to brush away people, but it's not legal?

Take advice and good luck!
 
Oh no problem there. I shall be seeking advice.

Everyone has been kept in the dark about this. The new owners have had plenty of time to talk to us. Inform us of there plans. Yes we may get a telephone call from them tomorrow. But for the time being. I am a middle aged guy with a mortgage that needs paying and now, evidently, no job.
 
if they have liquidated the company that employs you, then the other company hasn't taken it over, it has bought the assets, which isn't the same thing.

I would second the idea of seeking advice, but by the sounds of it, there may not be anything left to claim from.
 
Unfortunately, to be blunt you will find it too late to do anything meaningful. Your best option is to approach the news owners directly to see if they have a job for you.

TUPE laws are complex (and much more so outside of the public sector or away from large organisations which have very well documented HR and TUPE policies) so the bottom line is there is nothing you can do, especially at this stage.

This is something you and your employers should have been investigating much earlier and it is futile arguing the toss as to whether TUPE may or may not have applied. Often with small business or individual businesses, it is the will of the two parties as to whether TUPE will happen, regardless of the law.

Your contract was/is with the old company which will no longer exist and even if you have a case it would be against your old employer, so the time and money to pursue it vs the likely financial pay out just isn’t there.

I suspect either:

a) the new owners wanted to avoid the associated costs and hassle with a TUPE process so everyone kept quiet.

b) the new owners have their own staff they are bringing in so the easiest way to avoid the redundancy processes within a TUPE process was the above.

c) the new owners were not aware of any valid TUPE claim in this instance.

d) the old owners were not aware of any valid TUPE claim in this instance and may not have been aware how quickly they would be liquidating the business.
 
Yes I hear you.

This place has never ever been closed in 10+ years. So with them closing for the next 2 days is very 'out of character'

We have a busy trade and as Head Chef I have always had a lot to do and obviously have enjoyed it, what with me being there 8 years or so.

I have spoken with the 'new owners' a couple of times over the last 2 months. They are fully aware of what I do, my abilities etc.

Maybe, they will just ring tomorrow and get me (rest of present staff) to come in and perhaps offer us the same jobs, but obviously under different contracts, rules of work etc.

Just not a nice situation to be in.

From general reading on the internet about TUPE, it seems if my present employer had not initiated liquidation, then TUPE may have applied.

But TUPE does seem very complicated.
 
My guess is they are going to hire a bunch of Poles or whoever at minimum wage. Seen it happen around here a few times. new "investors" (i.e. money grubbing cheapskates) buy a distressed business for cheap off an owner upt o the eye balls in debt or whatever, the fire everyone and hire a bunch of illegal mexicans. Quality drops off, people stop going and it closes down after a year. Sorry.
 
kwerk said:
My guess is they are going to hire a bunch of Poles or whoever at minimum wage. Seen it happen around here a few times. new "investors" (i.e. money grubbing cheapskates) buy a distressed business for cheap off an owner upt o the eye balls in debt or whatever, the fire everyone and hire a bunch of illegal mexicans. Quality drops off, people stop going and it closes down after a year. Sorry.
Click to expand...

No way. We have a good reputation for food. That is what gets people through the door.
 
Magic_x_uk said:
No way. We have a good reputation for food. That is what gets people through the door.
Click to expand...

in those cases, that's exactly what the buyers count on - it gets the footfall for the revenue in the short term, then they cut all ties and disappear :(
 
Aod.........

No I cannot see that happening as the guy who owns the land/area the pub-restaurant sits on (we are talking 30+ acre's of countryside) also owns other businesses within this 'land'

Plus the fact he has spent a fortune on a refurbishment of the restaurant recently and he has also been running the land for 20+ years. It will not ever be a case of 'making a quick buck then moving on'
 
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