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To think this is massively out of order and should be illegal...

(48 Posts)
picklypopcorn Mon 18-Apr-16 10:10:07

So DP lost his job last week and only found out THE NIGHT BEFORE HIS LAST SHIFT. angry

He works in a restaurant and the owners decided to sell it, but didn't tell any of the staff until the day the contracts switched hands.

The new owners promptly decided to close the restaurant the day after the contracts switched for a refurb for 2 weeks and although DP's and his colleagues contracts were transferred with the change in ownership, the new owners are under no obligation to (and have said they wont) give them shifts. They are all on hourly rate, so even the 2 weeks is financially crippling but now they've said he wont be getting shifts in the future either, which leaves us in a right pickle.

In total, DP went less than 24 hours between finding out he was losing his job, and losing his job sad

Because they are 0 hours contracts and because the contracts were transferred, it seems no one is under any obligation to pay them any kind of redundancy, DP has just been paid his owed wages up until the change in contracts (1 weeks worth) and that's that with no warning what so ever.

I've put a brave face on for DP and made out it will all be absolutely fine financially but it's going to be one hell of a stretch until DP finds another job. Problem is he's been at that place for 7 years as a waiter (straight out of uni), so his CV isn't great to be honest.

I'm not sure what I'm after here, anyone got any advice or been in a similar situation? Could CAB help us?

FuckSanta Mon 18-Apr-16 10:20:36

ACAS would be a better bet

Do you have home/contents insurance with legal cover? Might be worth checking with them whether anything about his employment qualified him as an "employee" rather than a "worker". (Employees have more rights.)

AnchorDownDeepBreath Mon 18-Apr-16 10:28:39

It sounds like he's an employee, if he's been paid owed holiday?

Has he had the same shift pattern throughout his time or does it change often?

Essentially it doesn't look like he has any rights to notice on a zero hours contract, they would have been entitled to just stop giving him any work altogether. If he's had the same shift pattern for a while, he could attempt to argue that he's essentially not zero hours anymore and the regular pattern is now his contracted hours, but it'll depend on what evidence he has.

He is still entitled to any owed holiday pay and pay for any work that he's completed.

MadSprocker Mon 18-Apr-16 10:34:13

He has been in a job, and has stuck at it for seven years, so that will count for something. Think outside the box on the CV. He must have loads of customer service experience, he could focus on how he dealt with things that came up, good timekeeping, working under pressure, any responsibilities.

Penfold007 Mon 18-Apr-16 10:36:17

He's been in their employment for over two years. He needs to seek urgent advice get him to ring ACAS

picklypopcorn Mon 18-Apr-16 10:40:34

Not a regular shift pattern no, but no less than 26 hours a week for the full 7 years he's been there..

I've just checked his contract, he's actually not 0 hours! He has 6 hours on the contract because when we took out our mortgage the contract was changed so his wage would count too (bank wouldnt accept 0 hours)... does that change things?

biscuitkumquat Mon 18-Apr-16 10:44:49

Yes, that changes things.

If the new company want to make him redundant, then he will be paid redundancy for the 7 years (but only at 6 hours per week).

I would suggest that he sends a letter, with a copy of his contract, asking when he should be turning up to work his 6 hours,

wannabehippyandcrazycatlover Mon 18-Apr-16 11:45:39

TUPE would apply in this situation which protects your DH and his colleagues. Speak to ACAS immediately.

bibbitybobbityyhat Mon 18-Apr-16 11:49:35

Yanbu op! Yanbu at all. This sort of thing makes me fucking FURIOUS. How can employees be treated like this in the UK in the 21st Century?

I'm sorry, I have no knowledge or expertise in the area, but blood is absolutely boiling on your family's behalf.

flowers

picklypopcorn Mon 18-Apr-16 12:10:09

thanks wanna I've just had a quick google and it looks like that does apply! I'll contact ACAS as soon as i get home from work!

bibbity it's a god awful situation, DP has spent all week very upset and withdrawn which has been horrible to watch as he's usually the life and soul! We don't have kids which is a blessing right now and my wage covers everything except food (just!). In laws and my parents have very kindly stocked up our freezer and cupboards which should keep us going for a while (they know we wouldnt accept money!) so we're all set for about 6 weeks. In that time DP needs to get a job and his first wage packet otherwise we'll be in trouble financially blush

We currently have no debt (unless you count the mortgage and standard student loans) and clean credit ratings so if the worst came to the worst we could back ourselves up, it's infuriating though because if we'd had a bit of warning (even 2 or 3 weeks!) DP could have been applying for other jobs and we could have been cutting back on things to save a bit of cash to keep ourselves fed sad

It just feels like such an enormous F** you!

gallicgirl Mon 18-Apr-16 12:18:56

Have a look at entitled.co.uk to see what help you might get.

Hopefully ACAS will be helpful for you.

FuckSanta Mon 18-Apr-16 12:36:25

Yanbu op! Yanbu at all. This sort of thing makes me fucking FURIOUS. How can employees be treated like this in the UK in the 21st Century?

If the EU referendum returns a "leave" majority, it's only going to get a whole lot worse, believe me.

MyKingdomForBrie Mon 18-Apr-16 12:37:46

What was his degree in? Could he take the chance to apply for something that doesn't work on these ridiculous 0 hr or low hr contracts?

picklypopcorn Mon 18-Apr-16 12:42:36

his degree is in a creative subject but he got a great grade (2:1). I think that's his plan to be honest, to apply for something better paid with some security, it's just whether anyone will take im on :/ jobs are few and far between here!

hefzi Mon 18-Apr-16 12:59:54

FuckSanta what a totally ridiculous thing to say, and not helpful to OP at all. ( I suggest you look at tuaeu.co.uk/ to see what the unions have to say about workers rights under the EU - it's a bit more informed than the soundbite nonsense you see parroted on here about it)

OP - ACAS are really useful in situations like this as PP have mentioned(I'm guessing he's not in a union): definitely call them asap, as they will be helpful in getting a settlement that will help while your OP looks for another job. Good Luck!

Pixienott0005 Mon 18-Apr-16 13:20:35

With everyone else. Call Acas, they are excellent!

FuckSanta Mon 18-Apr-16 13:25:22

TUAEU = trade unions AGAINST the EU. So hardly impartial!

wasonthelist Mon 18-Apr-16 13:26:21

If the EU referendum returns a "leave" majority, it's only going to get a whole lot worse, believe me. Aside from not helping the OP, that statement is utter, utter, utter bollocks.

OP - as others have said, ACAS - they helped me a lot when I was made redundant.

19lottie82 Mon 18-Apr-16 13:26:23

He's definitely entitled to 7 weeks of redundancy pay (average number of hours based on recent shifts) plus PILON (pay in leave of notice). The fact that the restaurant has changed hands doesn't matter.

As others have said call ACAS for advice.

wasonthelist Mon 18-Apr-16 13:27:38

Fucksanta Start a thread about EU workers rights, and let's have the debate there. You are wrong, but let's not clutter up this thread with it.

LondonHuffyPuffy Mon 18-Apr-16 13:33:59

Whereabouts in the country are you, pickly ?

sportinguista Mon 18-Apr-16 13:37:04

You say his degree was in a creative subject? It wouldn't be design or something such? He could look at doing something like People per Hour to start getting a few quid in. I did that and now have my own business, it's taken some work but it's an option. I also did temp work alongside for a while to get the cash in.

Do go to ACAS as it seems like they owe him something and also see what he's entitled to benefits wise. You need to plug the gap then figure out some creative ways to move forward.

ArcheryAnnie Mon 18-Apr-16 13:45:49

OP, I was in a similar position quite a few years ago, working in a restaurant when the whole workforce was sacked before "refurbishment" and none of us rehired. I got my union involved, and after a fight all of us who were sacked (I was the only union member) got a redundancy payment.

Get your DP to join a union! Or if he's already a member, give them a ring. That's exactly what they are there for.

picklypopcorn Mon 18-Apr-16 13:47:11

His degree is to do with music smile

We are in the staffordshire moorlands so pretty rural!

He has an alternative income from music but its sporadic at best so not enough to feed us.

Doesnt JSA take ages and ages to get approved? I've never claimed benefits so have no idea how this stuff works confused

bakeoffcake Mon 18-Apr-16 13:59:39

Don't give up hope!

What they are doing is illegal. The new owners have to let your Dh carry on with his job. They can't sack him then take on other people to do his job!

If they don't need him, because they aren't having any waiters, then they have to pay him redundancy.

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