tupe transfer

[jaxkevla]

we took over a pub a cple of months ago and had a member of staff transfered to us under tupe, our problem is that we need to reduce his hours from 19.5 to 15 due to the takings have reduced, the hours we want him to lose are/will be taken up by me, his partner insists this cannot be done and if we try to do this we will be taken to court for breach of contract and will have to pay him redundancy( he has been here for 5 yrs). How can this be right if it is not financially viable to pay him when the business on the night in question is not taking enough to pay his wage plus overheads?

[enaid]

Re: tupe transfer

I think it will all depend on the contract itself it may be stated 19.5 hours but it also may state that these hours can be reduced or increased for the benefit of the business. Have a good read of the contract and if it is right that you can not reduce the hours I would ring ACAS. http://www.acas.org.uk/index.aspx?articleid=1655 see if they can help.
Enaid x

[des8]

Re: tupe transfer

Hi, and welcome.
My sympathies.....take over a pub and almost guarantee takings initially drop, and take time to pick up as new landlords settle in and build up trade again.
As your staff (or their partner) don't seem amenable to a (hopefully temporary) reduction in hours, and your other obvious option is redundancy (with all the expense that entails) it seems you are stuck with him. Have you checked his contract doesn't allow a variation in hours?
Have you pointed out to him that if he doesn't agree to a reduction in hours he might even find himself without any hours if your new venture fails?
Others more versed in employment law will be along in time to advise.
Meanwhile I wish you all the best.

[jaxkevla]

Re: tupe transfer

I have checked the contract and it says "Every attempt will be made to ensure your continuing employment in the event that the company is faced with a shortage of work or is unable to provide you with work for any reason. This could include temporarily placing you on short time working or indeed lay-off; in these circumstances you will be paid for those hours worked or in accordance with statutory guarantee pay provisions" but what does that mean is it that we still have to pay him even though he isn't working and can we make it a permanent change of hours

[des8]

Re: tupe transfer

Here's a couple of links to possibly helpful advice:
http://www.acas.org.uk/media/pdf/r/3...le-version.pdf
https://www.gov.uk/lay-offs-short-ti.../guarantee-pay

Looks like for short time working you have to pay for 5 days in a three month period maximum Ł24.50 per day but do check.
As Enaid advised perhaps you should obtain advice from ACAS.

[charitynjw]

Re: tupe transfer

You can't unilaterally change the contract of employment, as it is protected via TUPE.

Redundancy is an option, though it might be better for the employee to remain employed by you, but claim JSA. (This can be done if on short time, or if temporarily laid off)

[jaxkevla]

Re: tupe transfer

Do we have to give notice and how much if we decide to change his hours,I spoke to acas and from what i understand as long as we dont drop them by 40% then he cant ask for redundancy but how much notice do we have to give with regards to this. I know i seem to be trying to get out of this but his partner is a solicitor and although he originally agreed to drop a shift she told him he couldn't do that she then insisted that she needed to have a meeting with me to discuss his employ. I gave her the courtesy of listening to her and everything i said to her she responded by saying "see you in court". I do believe that i didnt have to meet her but thought this would help us come to an agreement with regards to him dropping 4.5 hrs, obviously that wasnt her agenda.

[wales01man]

Re: tupe transfer

If the advice is correct she might have to go to court on her own,get it checked out before you act after a threat like that I would make sure if correct cut his hours

[des8]

Re: tupe transfer

Does your employees contract state the number of hours he is to work each week?
The proposal to cut his hours by approx 20% does not equate to putting him on short time (which is a reduction of over 50% I think) and this does not permit him to claim redundancy.
So if you were to cut his hours, and his other half persuaded him to sue for breach of contract all he would recover would be his loss of wages. There would not be a claim for redundancy as there is no redundancy. Also of course as business picked up, as hopefully it will, he would not get the extra hours.
I suggest an open discussion with your employee, having taken professional advice of course, and try and persuade him it is in everyones' best interests to work reduced hours now to help keep the business afloat. If he helps now, he'll benefit in the future.
His OH might be a solicitor, but she needs to get her head out of the law books and have a look at the real world

[charitynjw]

Re: tupe transfer

There is some info from ACAS attached.

[des8]

Re: tupe transfer

Further thoughts.....
Is employee's OH really a solicitor? or does she just work in a solicitor's office?
Check here:http://www.lawsociety.org.uk/find-a-...view=solsearch

She seems to have a faulty understanding of the short time /redundancy directives, and her attitude as reported isn't like any solicitor I know who all recommend court as a final recourse, and certainly would not use it as a threat. (exceptions work for PPCs and DCAs )

[jaxkevla]

Re: tupe transfer

His contract is for 19.5hrs and with regard to talking to him and asking him to drop the shift he doesn't even answer without checking with his oh first!!!!! Last week when i asked he agreed but then she got involved and withdrew his answer and started with her threats of "See you in court" I have a feeling that this is going to get alot worse before it gets better. I do believe that she thinks she can threaten people and expect them to do her bidding regardless of the outcome. When i gave him a list of bar rules we expected him to adhere to she sent a letter back saying he would only agree to them with amendments which was to add a couple of words to every one of them ie " no drinking either before or during shift " her amendment was to add "on the premises" its as if she needs to have the finally say on the wording i didnt put it in as i thought is was obvious it related to the premises!!!!!

[wales01man]

Re: tupe transfer

If the contract is for 19.5 hrs over 7 days make him work on each day at the busiest times and make sure he works non stop why on earth are you taking this from him your the boss and not drinking during the hours your paying him seems reasonable if the others abide by the rules what makes him so soecial,by the way is she really a solicitor

[des8]

Re: tupe transfer

[QUOTE=jaxkevla;372166] he doesn't even answer without checking with his oh first!!!!!

got thumbprint in middle of his forehead?:rolleyes2:

As wales suggests, if he won't cooperate, work his b*ll*cks off until he leaves of his own accord. No drinking, no phoning, wash this, stack that, clean shelves, polish glasses better, tidy cellar.....busy places pubs (got the tee shirt):tinysmile_grin_t::tinysmile_grin_t:

[charitynjw]

Re: tupe transfer

With a nod to Des's post #9, it's not just the law books she needs to extract her head from!

There is potentially another, more subtle, issue here, that being 'the tail wagging the dog'.

If it were me, I would be pleasant but firm, & call their bluff!
There's a long way to go before 'court' (which, btw would not be County Court, but an Employment Tribunal).
Oh, & why not ask for is OH's business card? Or Student Union card, maybe?