Tupe questions

[the jiffle king]

My girlfriend is doing an assignement on employment law and wants a little help understanding the law around Tupe.

A chef (Raymond) has worked for a restaurant for over 2 years. This is then taken over by Kimberley and 6 months later she wants to make him redundant.

Is this a case of Tupe?

Can she make him redundant as he has worked there longer than 2 years?

What costs would she have to bear if she did make him redundant?

And on a slightly different topic.... can you accept a verbal resignation?

Any help appreciated

T-J-K

[llamekcuf]

Try Here - Hope this helps

[the jiffle king]

llamekcuf said:

Try Here - Hope this helps

Thanks for that, it's helped clarify all bar the last question which was can you accept a verbal resignation, or does it have to be written, and are there any conditions attached to resigning verbally?

Thanks once again

T-J-K

[rude girl]

I believe you can resign verbally. For instance I think (I was told this anecdotally), that even if you jokingly say 'I jack', they can answer by saying 'I accept your resignation' and that it then becomes binding.

There'll be some HR types around tomorrow - they'll give you chapter and verse.

[stumartin]

You can resign verbally. You can also be fired without having been told either verbally or in writing.

As with all legal intentions expressed verbally however, it's best to back it up in writing if you want to rely on it easily later on.

[simpo two]

stumartin said:

You can also be fired without having been told either verbally or in writing.

That rather drives a coach and horses through employment law doesn't it?

[stumartin]

simpo two said:

stumartin said: You can also be fired without having been told either verbally or in writing. That rather drives a coach and horses through employment law doesn't it?

Not really, it's constructive dismissal, whereby you stop working for your employer, but because of the actions and conduct of said employer over a suitable period of time + a number of other conditions...such that you can effectively regard yourself as having been dismisssed, even though there was no 'formal' dismissal. Clearly you'd need to be able to back this up in front of a tribunal but unless things have changed recently I understand it is an (albeit risky) option.