08 Jul 2019

A question about : Mothers bosses retiring... Possible job loss.

My mother has been working for her employers for about 8 years & they retired this weekend. It's a pub & they were landlords. They assumed my Mum would be retiring too but she doesn't reach pension age until November this year. They said they're gonna call her after speaking with new management & put in a word for her. But where does she stand? They haven't made her redundant so she can't get any money & wont be able to claim JSA cos my dad works. I just think it's really unfair that this could lead to her not having any job or income until she can get her pension but even with that we don't know if she'll get full amount.

Best answers:

  • No chance she can stay on at the pub with the new owners?
  • Is it possible she should have been TUPE'd across to the new employer?
    If TUPE doesn't apply, there's a good chance she has actually been made redundant. It might be worth her giving ACAS a call (details in previous link).
  • If the business has been sold as a going concern then TUPE should apply. If the new employer no longer has a role for her then they will have to make her redundant and bear the costs.
    She needs to turn up for work as usual at her next shift.
    If the business is closed then redundancy will apply- from the old employer or if they are in receivership they are statutory arrangements.
    They dont need to put in a word fro her- she is an employee and as such has legal rights. If the new owners dont want her then they will have to make her redundant- I assume that she is PAYE.
  • She is paye has wage slips etc. she's been given her last wage & said P45 to follow. All she's been told is to wait for a phone call. All the other staff (mainly bar) didn't want to stay on but my mum does cos she needs the money tbh. It's only 6hrs she was doing spread over 4 days but it helps a lot. She wasn't given any notice for redundancy etc just presumed she'd leave at same time. Her next shift would be Weds but with the pub changing landlords then it might not even be open.
  • She hasn't earned enough to be paying NI unfortunately not in this job anyway. It was only Ј39 a week sometime more but usually that. She was doing 7 days but they dropped her hrs down a few years back. It's not a huge sum but it helps them out a lot.
  • Where does she stand if she doesn't get a phonecall & hears nothing & is just sent her P45? How can she claim redundancy etc?
  • She still hasn't heard anything. It's all so unfair, her employers weren't horrible people but they've really screwed her over. Haven't contacted the cab yet, think we were holding out hope they'd have called by now to let her know what's going on.
  • She needs to call them and find out. If she wasn't tupe'd it is redundancy and she is due redundancy pay.
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