Made redundant so employer could hire friend

[Leeloo87]

Hi everyone

my name is leanne. I'm posting on behalf of my partner. He is going through a redundancy at the moment and is incredibly stressed out by it.

Here is the story.

My partner is the head chef at a pub here in England. He has worked for this company since November 2011. He is full time and is an exemplary employee. At the end of June his boss told him that he would be franchising the kitchen and that his job was no longer needed. He originally said it would end at the end of august but has since brought the date forward to the end of July.

It has come to light after a slip up by the manager of the pub. He had put on the pubs Facebook page saying that the pub would be reopened with a new menu. My partner has screenshots of this. Now today a slip up happened and he was told that one of the owners friends needs a job and was taking my partners role at a lower wage.

If the owner does not rent the space and simply opens with a new chef where does my partner stand?


Thanks

[ULA]

Re: Made redundant so employer could hire friend

Redundancy is a form of dismissal brought about because the job which is the important part, no longer exists due to closure of the business, the employer needs to reduce the workforce or certain work is longer needed.

So the employer has to prove the job your paetner is doing no longer exists and follow a consultation process accordingly.

On the franchising issue it is my belief that this would be covered by TUPE (Transfer of Undertakings Protection of Employment Regulations) which means that your partner should transfer into tbe new franchise business.