On 25 Jul, 19:34, "tim....." wrote:
"Toom Tabard" wrote in message

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On 25 Jul, 16:11, "tim....." wrote:
"Toom Tabard" wrote in message

....

On 24 Jul, 22:22, "tim....." wrote:
"Toom Tabard" wrote in message

...

On 23 Jul, 13:29, Plodalong wrote:
Maria wrote:
Well not me, but my husband.
His job is cleaning a pub (not self-employed), which belonged
until
yesterday to a brewery, who employed him. He has worked there for
6
months. He has been told that in law he should now be employed by
the
new owner (not a brewery), but this morning the new owner
wouldn't
let
him in or answer the door.
Can the new owner just ignore him and hope he goes away, or what?
Does
he have rights, and what should we do next?

Thank you.

I dont think 6 months gives him any rights. The new owner can do
what
he
wants.

He may kave a right to regard himself as employed by the new owner
under Transfer of Undertakings (Protection of Employment)
Regulations.

But yes, whilst a failure to continue employment under TUPE is
automatically unfair dismissal he could not claim for unfair
dismissal
if employed for less than a year.

As an "automatically unfair dismissal" for a protected reason the 12
month
qualifying period does not apply

Are you sure? My understanding is that it is automatically unfair to

I found it he

http://www.hrbullets.co.uk/unfair-di...aticunfairdism....

I did suspect it was the case before I started looking, so I didn't try
too
hard to find what I wanted.

But it could be wrong.

Okay, yes, it does refer to automatic unfair dismissal *"because a
business is being sold or transferred", and that is the case. However
it doesn't mention any exception from the general case that you have
no recourse for unfair dismissal if you have less than twelve months
service. Other sources specifically say you have no recourse.

yes it does, it says

"he or she is protected from Day 1 of employment if a dismissal is made for
one of the following reasons"


It does indeed - thanks for pointing that out, and apologies for not
noticing it on my initial scan That's strange because it refers to a
business being sold or transferred, and yet the other sources I have,
specifically for transfer under TUPE rules have statement similar to
what I previously quoted:-

i.e dismissal for a reason connected to the transfer is automatically
unfair dismissal, but an employee can only claim automatic unfair
dismissal if s/he has worked for the business for one year. I'll check
it further, but my legal database is usually reliable. It would be
perverse if TUPE gave less protection!

Thanks

Toom