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Employment Law & Being Self Employed Dilemma.

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Hi guys, I wondered if anyone on here has experienced something similar to the following situation.


My mum and her fiance are the stewerd and stewardess of a local golf club. They have been there 9 years and in that time have worked like slaves, only being allowed holidays in January/February and working long, hard and unsociable hours to keep the club and members happy, often missing family events etc as they can't get time off.


My mum is on a contract of a rolling 12 months with the club and her fiance is the cook and is self employed. He makes his income from the food sales and the catering of weddings and events in the large function room the golf club has.


My mum and her fiance look after all wedding and event organising, menu's, everything and next year are fully booked with functions and weddings that they have booked and organised.


2 weeks ago the club and directors all of a sudden said they are franchising the catering and my mums fiance can put in a bid to run it meaning they get profit from bar and catering.


Anyhow they entered a bid and then last night got a phone call from a director (didn't even come in to face him to tell him) that he didn't get it and the winner had offered 32k. As it turns out 2 board members at the club also have a franchise at another sports tennis club in the same town and they look after the catering at that club, now turns out its them that have got it which to me looks like a massive mates favour. He has to be out by 2nd November.


The directors/club/new caterers coming in also knew about all the functions, weddings and events that my mum and her fiance had booked and planned for next year so they knew it would be a good year catering and bar wise.


I feel so upset for my mums fiance, he's a hard worker, does anything for anyone and at 62 was planning to retire after next years busy year. He is devastated, been up all night sick and can't believe what they have done to him. He is up at 4/5am most days getting stuff ready for members and working hard.


He gets told when to work, when to serve food, when to go on holidays and when to work bank holidays which is their usual day off if the course is open, they tell him when to open early if a meeting or match is on and he always does, making himself poorly sometimes in the process as he and my mum work so hard.


They both live in the flat above the club and it states in my mums contract she has to vacate it if the contract or services between the club and her fiance are terminated.


They have 2 solicitors appointments Monday but in the meantime I thought I'd see if anybody else had experienced something similar as im fuming here for them and feel so sorry for my mums fiance.


They have shafted him big style and to me its a mates favour thing with no thought to what they have done, the directors were all joking and laughing in the club last night whilst my mums fiance was upstairs devastated after giving 9 hard years work and in 2 weeks at 62 has to start looking for job and not knowing what's going to happen work wise and with retiring etc.

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sorry to hear this tale, not at all fair.

Is your mum also self employed/ how is she paid. what is the terms of her contract. I would spaek to acas. How is her fiance paid, hourly rate, retainer set amount. Contract staff can now be classed as employees and it makes it more difficult to dismiss/end contract wothout some sort of redundancy/pay off.

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