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    • Hi Sweet and welcome to CAG   Are you willing to disclose the employer in this case ?
    • I was the manager of an off license. We reopened on mon 30th, I received a very large delivery which we weren’t expecting (and I wasn’t told about until 2hrs before by my line manager) all managers received a text from regional manager which stated when deliveries are coming in shops are to be closed. He didn’t ring this info in, I just read the text.   When I saw how big del was (completely covered the floor, could barely move around it) I kept my shutters closed and proceeded to pack delivery away. The store remained closed and we lost 5hrs trading time. I didn’t seek permission from manager to do this, with the current safety precautions enacted (only allowed 1 customer in at a time as manadated by HQ) I didn’t feel this could be safely achieved with 3 members of staff in and all the stock everywhere.  regional manger calls into shop at 4:50, hits roof that it’s closed and storms out of shop after exclaiming I didn’t have the authority to keep shop closed.   Fast forward 1 1/2 weeks later today regional manager comes in at 4pm with prepared questions, I answer truthfully stated I didn’t think it was safe I had the best interests of business at heart that I had turned up for work every day since this incident and nothing had been said. He said that they will examine this information and can come back for more evidence if needed.    He goes away again and at 5:59 (my shift finished at 6) he came back in saying they’d examined all the evidence and that their decision was dismissal, I was to gather my things and there’d be a letter in the post with information should I wish to appeal.  quite a shock.   I will see what this letter states as their reasons I committed gross misconduct, I am a bit at a loss as to what I specifically did to be deemed gross misconduct.   I’ve worked for them for 10years, taken 2 days off sick in that entire time and had a faultless record   I’m just flabbergasted they’d immediately sack me for something which happened in unprecedented times when all I was trying to do was keep myself and my staff safe and safely make their store presentable and adequately accessible for all.   Any thoughts on the above? Obviously this is all too fresh as it happened only hours ago 
    • Hi KL1 and welcome to CAG.   You say the buyer contacted you saying, "...... he had seen it cheaper somewhere else and wanted to cancel the sale."   Do you have this in writing and, if so, in what format ?   It would be useful if you could tell us more about the item you sold.    
    • I wanted to report a success against UKPS that started in Dec 2018 and was concluded today.  I did do a bit of reading through this site for guidance though so thanks for that!    in Dec 2018 a family member reversed onto a private road in Coventry and waited about 1 minute or so to collect their partner.  Meanwhile the owner was loitering and waiting to catch anyone on his land with photos.  2 photos were taken about 40 seconds apart.   With my help I disputed the charge stating that the driver had not "parked" but had only stopped momentarily to pick up a passenger.  I did not state at any point who the driver was.   UKPS from Leamington Spa were trying to enforce this and insisted on the charge of £60 + £100 being paid.  I sent a 2nd letter confirming the position of the 1st letter and that no further letters would be sent.   4 threatening letters were sent from Debt Recovery Plus and Zenith Collections and duly ignored.  The last kindly offered to settle for £136!    Then a letter from Gladstones Sols threatening the same was also sent, and mentioned Beavis vs Parking Eye.  This was also duly ignored.   Finally a Letter Before Action was sent by email.  Aha!  Game on.  They cited Vehicle Control Services Ltd v Nick Idle and Vehicle Control Services Limited v Damen Ward and that stopping for any time is a breach, and it was only the length of time stopped that may affect the value of the breach.   I said that signage said no PARKING, not no STOPPING and that appropriate case law was JOPSON v HOMEGUARD where the judge specifically said "Merely to stop a vehicle cannot be to park it"   They then came back at me with an evidence bundle they were allegedly going to use at court against me, stated the signage was clear,  a nd repeated their "no stopping" case   I came back at them with the same as before and added that, in their world, someone coming onto the land and wanting to read the signage would have precisely NO TIME AT ALL to so as, according to them, even stopping for mere seconds was a breach.  I also threatened that I would claim costs for my wasted time in dealing the case.   Today they emailed me as follows: ---------------------------------------------------------------------------------------------------- Good Morning,   Thank you for your correspondence. We apologise for the delay in our response, however as no further action has taken place we trust you agree no prejudice has been suffered.   Please note that our Client has cancelled our instruction on this matter and the matter is considered closed.   No further action is warranted. Kind Regards ----------------------------------------------------------------------------------------------------   16 months on and UKPS gave in  
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Moobag1

The entire team are being made redundant - Why doesn't TUPE apply?!!!?

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We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

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We learned yesterday that our entire catering team are to be made redundant as the contract we are working under has been terminated. But we also know that the new building owner has every intention of providing catering when they take over in a few months! This cannot be fair and surely that is what the TUPE regulations are designed for - does anyone have any advice?:mad2:

 

As far as I know, it is not a requirement to use TUPE. In a company i worked for, one department dealing with a particular Insurance risk, were basically sold under TUPE to another Insurance company. The staff went with the portfolio of work to offer continuity of service to the policyholders. The staff had personal client handling relationships that the new Insurance company wanted to maintain. Therefore TUPE made sense.

 

I have a relative who worked in contract catering for a big company. When they lost the contract they were made redundant, as the new catering company had their own operation. They did not want to take on staff from another company.


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How is the contract terminated?

Is it just ended or has the contract been re-tendered?

Is the company you work for winding up or has the company been bought by the new company?

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Its a catering contract. The building is being sold by the current owner and contract holder to a new owner (the current owner's staff will be staying in the building for another few years). They have terminated our catering contract. The new owner is planning to open a new canteen in another part of the same building in a few months.

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I think the key thing is in your last sentence. " in a few months"

 

So if your protected under TUPE ( and I think its unlikely) what work do you do for a few months before the new building owner opens a new canteen?

You need to clarify what's happening to the company's, not building owners.

I have also found this for you...

 

Can I be made redundancy because of the Transfer?

 

Yes you can be made redundant and new changes to TUPE law have made it possible for you to be made redundant before the handover, i.e. the new organisation can decide it doesn’t need all of the staff from the existing organisation and redundancy consultation will then take place with the existing organisation. For this not to be unfair there needs to be “an economic, technical or organisation reason entailing changes in the workforce

 

 

The key word in the above is economic. Your doind a catering job where, for a few months their is no canteen. No canteen requires no staff therefore economic reasons

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Is your job with the business where the catering is done or does a catering company employ you ? In other words are you working for a catering company who has a contract to supply staff to the business ?


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I work for a contract catering company

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I work for a contract catering company

 

Does the contract caterer operate any other contracts near to where you live ? Can you apply for any positions with the same company working in a different kitchen ?

 

My relative worked for the same contract catering company in more than one place, but had to move to maintain employment, as the jobs available were not close to where they lived at the time. The big contract catering companies run kitchens in many different workplaces.


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Yes they do, but they havnt offered. I suspect that my 36 years of service and Terms & Conditions will have something to do with it...

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If the business is ending the contract it has with the catering company, then TUPE does not apply as you don't work for the business.


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ultimately you are knackered by that word CONTRACT. the building owner buys in a servicea nd your employer sells it. If your employer no longer has work for you then that is redundancy. Doesnt matter what arrangements the new building owner has for the future, this could have occurred at any time and ther is nothing you or your employer can do about it. Sorry but it is not down for TUPE, however your employer should at least try to find you alternative work within their existing organisation so if they are recruiting anywhere else then you lot should be considered before they try and fill the posts externally.. A union rep should be getting to grips with this.

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I think they key point here is the 'in a few months' bit rather than 'contract'

 

I recall that we once used to use an an outside cleaning company, but the cleaner who used to do the work on their behalf was useless. We gave notice that we were taking the cleaning back 'in house' and soon came unstuck when it was established that TUPE did apply. The substantial role of the cleaner in question was to clean our premises and ours alone, and as the undertaking was transferring to another company - ours - she had to be transferred to us on her existing terms. We then had to take her through a lengthy disciplinary process (legitimately due to the continued poor quality of work) whilst she worked alongside the member of staff that we had taken on to do the role

 

In your case, where the service provision is ceasing the redundancy situation may well be lawful, even if the employer is known to be reintroducing in house catering in future. The break in that provision so long as it is distinct and for valid reasons would most likely be sufficient to remain on the right side of the law


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Agree; the break means they are not taking over a going concern.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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If this a 'sham' redundancy, and the break in service provision appears to be there to avoid TUPE, then you may find that the redundancy is in fact an unfair dismissal.

 

Potentially there may be enough there to give your current employer a serious headache. You can speak to a solicitor if you wish to push this forward.

 

Even if it is an unfair dismissal, you'd still be expected to search for a new job. So it might be best to start searching unfortunately.

 

If its any consolidation, the redundancy payment for someone with 36 years service should be pretty substantial.


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This is what your entitled to

You get:

0.5 week’s pay for each full year worked when you’re under 22

1 week’s pay for each full year worked when you’re between 22 and 41

1.5 week’s pay for each full year worked when you’re 41

 

If you google redundancy pay their is a calculator

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