Redundancy related question
Discussion
I was out with a friend on Saturday and he was complaining about his boss....
He works as a metal fabricator (welder)
The boss asked for some guys to do some overtime for Saturday morning (time and a half) on Friday afternoon. When no-one said they could do it, the boss had a strop and told them that he had started a secondary business and had been running it in parallel with the main business.
He then threatened everyone, that if no one done the overtime (to be fair, the job did need completed) he would close the main business down 'laying off' all the guys with no redundancy money and concentrate on his new business.
My question is, is that possible? Could he close one business opening an identical business the next day and negate all responsibilities for redundancies etc?
Cheers
He works as a metal fabricator (welder)
The boss asked for some guys to do some overtime for Saturday morning (time and a half) on Friday afternoon. When no-one said they could do it, the boss had a strop and told them that he had started a secondary business and had been running it in parallel with the main business.
He then threatened everyone, that if no one done the overtime (to be fair, the job did need completed) he would close the main business down 'laying off' all the guys with no redundancy money and concentrate on his new business.
My question is, is that possible? Could he close one business opening an identical business the next day and negate all responsibilities for redundancies etc?
Cheers
SeanyD said:
Sorry I don't know the answer to your question, but boss sounds like a first class t*sser, at this time of year too, idiot.
My thoughts too!My mate said he hinted at a 'loophole' in employment rules that meant he could get away with it.... Not sure how much he'd feel like he 'got away with it' when 10 angry welder-type blokes got a hold of him, but....
SeanyD said:
Sorry I don't know the answer to your question, but boss sounds like a first class t*sser, at this time of year too, idiot.
+1Even so don’t think he can carry out his threat. Even employees of companies that go bust have some recourse from the government for redundancy payments (if they are eligible)
Some help here:
http://www.direct.gov.uk/en/Employment/RedundancyA...
Links also here to other places of help like CAB.
http://www.direct.gov.uk/en/Employment/RedundancyA...
Links also here to other places of help like CAB.
SeanyD said:
Sorry I don't know the answer to your question, but boss sounds like a first class t*sser, at this time of year too, idiot.
It might be that the business will becone unviable with the loss of a major client. Perhaps the boss is just telling the staff some simple truths.Don
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don4l said:
It might be that the business will becone unviable with the loss of a major client. Perhaps the boss is just telling the staff some simple truths.
Don
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Loads of jobs on the board, just that this one was promised to be done over the weekend before checking if any of the guys would cover it.Don
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I think the boss has also done quite well recently getting jobs 'in' so they're never quiet and always working on loads of different jobs, but when he asks if anyone will work some O/T on a Saturday most of them turn it down (my mate is the only one that works every single Saturday)
I can kind of see why he threw(sp?) a strop...but not to make threats
Depends if there is a Chinese wall between the businesses.
Also how long has the business been operating, if they have all been working for less than 2 years then they are not entitled to any redundancy money.
Your rights
As above dependant on what and how the employer chooses to act TUPE may or may not apply.
TUPE
If the work you are doing is handed over or outsourced to another company then TUPE may apply, but if say business a) is welding fabrication and company b) is something completely different, let's say computer network engineering then I don't see how TUPE is applicable.
Though the employer is required to try and fine jobs elsewhere in their organisation.
The boss sounds like a loudmouth know nothing bully and he should be brought down to earth, how that is done depends on which page is referenced from !1001 ways to skin a cat!" but this prick can be skinned, no question.
Hope he loses all his employees to better employers, I trust that will happen regardless of outcome.
Also how long has the business been operating, if they have all been working for less than 2 years then they are not entitled to any redundancy money.
Your rights
As above dependant on what and how the employer chooses to act TUPE may or may not apply.
TUPE
If the work you are doing is handed over or outsourced to another company then TUPE may apply, but if say business a) is welding fabrication and company b) is something completely different, let's say computer network engineering then I don't see how TUPE is applicable.
Though the employer is required to try and fine jobs elsewhere in their organisation.
The boss sounds like a loudmouth know nothing bully and he should be brought down to earth, how that is done depends on which page is referenced from !1001 ways to skin a cat!" but this prick can be skinned, no question.
Hope he loses all his employees to better employers, I trust that will happen regardless of outcome.
It is covered by TUPE as he is shifting work teh work. It appears that all the talk of your rights TUPE etc is a distraction.... a customer of the business is asking to be helped out! If you dont flex and help him... a competitor might, then you will be wondering why you have just enetered the downward spiral.....
If the business is doing well and even if yoru boss has perhaps overstretched himself, why is no one willing to step in change some plans and make another happy customer?
If the business is doing well and even if yoru boss has perhaps overstretched himself, why is no one willing to step in change some plans and make another happy customer?
But this was my point, if the businesses are completely separate in all respects, hence the reference to Chinese wall in place, and there is no transfer of work or other administrative matters to the second company then I'm really not sure that TUPE would apply.
I think the owner has a duty to try and find work for people elsewhere in his organisation, and the devil would be in the detail, therefore he is on very thin ice, and especially due to the way he has shot his mouth off, but without all the facts we cannot give definitive view here.
I think the owner has a duty to try and find work for people elsewhere in his organisation, and the devil would be in the detail, therefore he is on very thin ice, and especially due to the way he has shot his mouth off, but without all the facts we cannot give definitive view here.
From Govt website linked earlier
Redeployment by your employer
If your employer is making you redundant they should try to offer you suitable alternative employment within their organisation or an associated company. Your employer should consider any alternatives to making you redundant.
Redeployment by your employer
If your employer is making you redundant they should try to offer you suitable alternative employment within their organisation or an associated company. Your employer should consider any alternatives to making you redundant.
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