Posted to uk.finance and uk.legal Followup-to uk.legal
Hello
I am posting this on behalf of my brother who is currently in the process of buying a fish and chip shop with 12 employees.
I have searched various on-line resources but have found them lacking the details I am looking for. So I am hoping someone here maybe able to help.
Pointers to on-line references would be superb, or any advice anyone can give would also be very much appreciated.
First of all the Transfers of Undertaking states that staff must be notified
6-8 weeks prior to the transfer taking place. Is it the case that the seller must do this? the purchaser? or both?I have read that if a member refuses the transfer then they will have their contract terminated, and while not considered dismissed will be treated as having resigned, and therefore not be entitled to any redundancy pay. (
The member in question is the shop manageress(and employed there for 16 years) (For which she is paid an additional £20 per week). I understand she cannot be financially worse off after the transfer, but can she be kept on the higher salary and demoted, with someone else taking over the position of manageress? Or would this infringe the rules?
Is there any exceptions made for age of employer (the lady is in her fifties) or any automatic requirements or options that must be granted to them?
He has the advantage that people he knows also works there, so we have insider knowledge into the working habits of the staff. There are staff members who have not worked to the best of their ability (by a long way). these staff members are undesirable. But I would assume that they cannot be let go (assuming they have been there for longer than 1 year) without a period of monitoring their activities, and providing any relevant and compliant discipline procedures? Can anyone confirm this?
If anyone can offer any help I would be very grateful.