Contract Terminated

[gj500]

My Brother in Law has been employed by the same flooring company for the past 7 Years. On June 15th his Dad sadly passed away and he was granted extended leave. He returned to work on 7th july to be told his employment was terminated. The Company had ceased trading on 2nd July, but had began trading again under a different name the following day. He was offered the chance to keep his job with the new company but on a self employment basis only. This he declined.
Any advice would be very welcome with regards to his rights, redundancy, notice and holiday pay. He has received nothing so far apart from a P45, and the wages he was owed for work done.

[ssparks2003]

Re: Contract Terminated

When you say ceased trading do you mean they closed out of choice, went bankrupt, was brought out?

[Johnboy007]

Re: Contract Terminated

The company have breached your employee rights.
Click on the link below.
It will give you the information you require.
https://www.gov.uk/selling-your-busi...sponsibilities.

When a business changes owner, its employees may be protected under the Transfer of Undertakings (Protection of Employment) regulations (TUPE).
TUPE protection

TUPE applies to employees of businesses in the UK.
The business could have its head office in another country, but the part of the business that’s transferring ownership must be in the UK.
The size of the business doesn’t matter.
When TUPE applies:

• the employees’ jobs usually transfer over to the new company - exceptions could be if they’re made redundant or in some cases where the business is insolvent
  
• their employment terms and conditions transfer
  
• continuity of employment is maintained

To find out if TUPE applies to your transfer, talk to Acas (the Advisory, Conciliation and Arbitration Service), Citizens Advice or, if you’re an employee, your trade union representative.

You were not given any notice of business closing.
This is a breach of your rights.


Hope this helps..

[gj500]

Re: Contract Terminated

None of the above sparks. The Company just changed names. Same owner. Joe Bloggs Floors ceased trading. Joe Bloggs Flooring began trading.

[gj500]

Re: Contract Terminated

Thankyou 007. Very helpful link. DWP has advised him to contact ACAS.

[Johnboy007]

Re: Contract Terminated

You are welcome.
if you need any more help just post on this thread.