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Maternity/TUPE/business closing/p45s.... HELP!

(7 Posts)
FoofFighter Thu 09-May-13 10:50:51

I am 26 weeks pregnant. I don't earn enough for SMP so would be MA - I had notifed them two weeks ago of my intention to start Mat leave at 32 weeks.
I have been working part time in the pub since October last year. There are 9 of us employed there. We are employed by the landlady/landlord business rather than the brewery who they lease it from.

We were all called on Tuesday afternoon to say the business was closing, we were not needed any more, our jobs were safe, and if anyone was taking over (ie brewery putting in a manager or a new person takign the lease on) that we'd just transfer to them but it might be a few days/weeks and they would let us know.

We all went to a meeting last night and were told that as of Monday coming their business would cease, that one of the couple are going to go bankrupt voluntarily (he is forces so cannot as I understand it) we would get any pay owed, and our p45s in the paypacket (paid cash weekly) in the next day or two.

They told us there is a meeting today to see if a family member can be gifted the lease and the current LL will stay on as manager as she is the one with the licence (not sure this can happen if she is applying to go bankrupt anyway?)

We've been told to go and sign on, sit it out for a few weeks then come back. PITA for everyone obviously, but as I am pregnant I have other concerns as to where this leaves me?

I am due to go off on mat leave in 6 weeks, if I were re-employed at the pub under a different company in a week or two, then where do I stand with mat regs? They wouldn't have any obligation to me as a brand new employer to honour my rights would they? Like keeping my job for me etc? Honouring my intended mat leave start date? Accruing holidays?

Is it worth me going back even? And then of course that opens up the whole JSA thing and the fact I will be forced onto mat leave at 29 weeks leaving me less time with baby sad

Some very helpful friends on FB pointed me in the direction of TUPE regulations but I will be honest I can't really make head nor tail of them blush and cannot see if TUPE applies here.

I am fuming angry that my employers haven't even bothered to find out all this for me themselves, to be left blindly feeling my way along finding out info myself - that they haven't given any of us any idea of the legalities, and how it affects us. If it's redundancy as she hasn't even applied for insolvency yet, then should we not be getting notice pay, any owed holiday pay etc?

We've had nothing in writing yet, and doubt we ever will as it's just the way they do things, (no contracts/terms of employment given out etc)

It's all a bit of a pig's ear made worse by pregnancy emotionalness and also the fact that my employers and co-workers are all friends and we socialise together etc sad

Feeling very stressed and let down, any advice please anyone?

(Scotland if it makes any difference btw) and sorry it was long!

BabyHMummy Thu 09-May-13 11:01:42

Hey Foof this sucks!!! I am not sure i can offer any advice other than get ya ass to CAB and find out where you stand legally.

Hugs hun xxxxx

Lonecatwithkitten Thu 09-May-13 12:30:48

From what little I know you have worked there less than two years so they can terminate your employment with correct notice and you have no protection.
TUPE applies if the ongoing business is taken over - from what you are saying they have ceased trading so there is no ongoing business. Some one else might start a similar business in the same premise with some of the same staff, but they are not purchasing an ongoing business.

FoofFighter Thu 09-May-13 16:24:21

Cheers babyH x

So TUPE not applying ok.. still not convinced of the notice/notice pay though, I have read you only have to have worked there as little as a month for this?

flowery Thu 09-May-13 17:01:37

You are certainly entitled to your contractual notice and to holiday you've accrued and not taken, so do pursue that.

FoofFighter Thu 09-May-13 17:40:17

Thanks Flowery, I don't think there's much holiday as the year started April, so probably a day each - glad to hear about the notice though, we were told yesterday so I assume the p45 date will be then rather than coming Monday, but even so that is not a week's notice. I have a feeling it'll be like getting blood out of a stone though sad

chocolatesolveseverything Thu 09-May-13 20:47:57

Sorry about your awful situation Foof sad.

Lonecat is correct about TUPE only applying if the business transfers, but it sounds like that's still up in the air. If the pub does reopen very quickly under whatever management I would get advice quickly about your rights, because in that case you may be protected. But tbh, TUPE is a very murky and difficult piece of legislation to understand so I don't feel very confident about advising on it in your situation - best try ACAS or CAB when you know more.

You will still be entitled to Maternity Allowance at least, plus your notice pay and any holiday as others have said.

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