AIBU to feel betrayed?

[Shuckaduck]

I’ve been in my current job for just under 4 yrs - I was promoted to manager within a very small firm (just 4 members of staff consisting of 2 (married) directors, and 2 employees) just a few months after starting.
It’s been made aware that the owner of the company is wanting to sell up and retire soon. Last year I was given the option of buying and taking over the business, but after some soul searching my husband and I decided that we didn’t want to take on that much financial burden and responsibility.
Fast forward to three weeks ago when my boss sits me down and tells me that by the end of this year it’s possible that there will no longer be a job for me. My colleague (the other employee) has taken him up on his offer of taking over the company and it will probably be a case of him having to take on someone to replace him in his current position (so that he can effectively run the business) and his wife will take over my job. I understand that it is all about money, and it may not be financially viable to keep me on, but I can’t help feeling a huge sense of betrayal. I loved my job and felt such a sense of loyalty to the company, especially as we were so close knit, that it feels almost alien now that I’m there but not feeling as though I’m part of the team. I’m constantly feeling teary and upset, which I don’t want to do in front of them.
My current boss has made an offer to me which makes me think that he’s trying to be fair - he has said that if I find a job and want to leave, he will effectively ‘make me redundant’ so that I will get a redundancy payment. But I still feel upset and find it hard to be proactive in my job, acting like everything is ok.
AIBU?

Last year I was given the option of buying and taking over the business, but after some soul searching my husband and I decided that we didn’t want to take on that much financial burden and responsibility.

You were offered a choice.
You said no.
Your perogative

What did you expect them to do?

But sorry you're upset

That sounds really difficult, but what did you anticipate happening when you decided not to take on the business? Were you promised something the current bosses couldn’t deliver on? If so, it was unfair to lead you on.

Are you looking for something else?

Small business, hard choices, collateral damage.
Sadly, your choice contributed

You made a financial decision in your best interests. Now those around you are doing the same. You've had a bloody good offer of redundancy. You're struggling with the change and mourning the loss of the familiarity of your work life. Can you do your colleague's job?

Bloody hell - what do you want them to do?!

They offered it to you - you didn’t want it. You’ve know for a while they wanted to sell up, but you didn’t look for another gig. They’ve now offered you redundancy..

It’s normal to be sad when a job you like ends, but it isn’t normal to paint yourself as a victim in a situation such as yours. Put all that behind you and move forward.

Strictly speaking when someone buys out a company (even if they are an existing employee) TUPE applies. This is Transfer of Undertakings (Protection of Employment).

You can find details of your TUPE rights on ACAS website.

So the potential new owner can not just replace you with his wife.

It sounds like the current boss and the soon to be new owner knows this (as they no doubt would have had legal advice regarding the sale and transfer of the business),

The new owner probably does not want to incur the cost of making you redundant so the pair of them are hoping to shunt you out the door before the company is transferred.

The verbal promise of a redundancy payment should you find another job is smoke and mirrors.

So yes you are being betrayed.

What to do?

There is little point in asserting your TUPE rights as there is a breach of trust.

Arm yourself with your rights per ACAS and tell your current boss he better pay you off right now a reasonable amount to compensate you, or you will see them in a tribunal. (That would be whoever owns the business when you leave.

I was going to say exactly the same as @Bannedontherun

They can't just replace you, you have rights as you've been employed more than 2 years.

They can only make you redundant if your job no longer exists, which it clearly does if the new owners wife will doing it.

What you want is a golden handshake settlement agreement with suitable financial compensation.

As PP said, this sounds like it may be unlawful. Take a look at the ACAS website - and get legal advice before you discuss this any further with your current boss or the prospective new owner.

Honestly? I (naively) thought that I’d be able to continue working for whoever the new owner would be. It never crossed my mind when I was considering taking over that I wouldn’t keep on the other member of staff.

I was never promised anything so no, nobody has negated on anything. However, I naively just thought that I’d be able to continue as I am, so maybe it was just stupidity and naivety on my behalf?
Im about to be called in for surgery (had the pre-ops about a month ago) so until that happens I’m not really in a position to apply for anything else. But as soon as I’ve had it I’ll be actively looking.

I’m sorry I also think you’re unreasonable , and maybe take a few days off to try to get a grip of yourself, start looking for other jobs. What the new owner is doing is completely reasonable , yes it has a negative impact on you. But they need to make it work, and honestly that’s what it’s about.

Unfortunately not. It’s a physically demanding job that I’m not trained (or have the physical ability) to do.

YABU, as long as they comply with employment law.

I understand why you’re upset because everything is changing around you and you have no say or control, but it doesn’t sound like you have been betrayed. They have treated you as well as they possibly could have done in the circumstances. They can’t be expected to hold off on their life plans so that things don’t have to change for you.

But they aren't. You can't just tell someone with 4 years service that they are being replaced by the new owners wife.

They are hoping OP leaves before the sale so that she isn't covered by TUPE, so are being quite sly here

They need to comply with employment law - as long as they are doing that, then YABU.
Absolutely clarify your legal rights.

You are mourning the loss of the job you have enjoyed for 4 years, which is valid. Whoever buys the business will make changes, it will not be the same even if you keep the same role. In such a small company, 2 people leaving, the dynamics will completely change. You need to decide whether you want to stay or not.

Yes they can, as this is a sale, and it would seem an asset only sale (inc customers as an asset) so employees not Included, which is why the current owner can legally offer redundancy.

No they can't. The business will continue as before and her position is not being made redundant so they are trying to avoid their legal responsibilities.

@BarHumbugs
I guess this is the crux of it though.
We don't know the Ts & C's of the sale.
They might buy the assets and customer list but wind up the company, pivot, rebrand and follow a different business model.

As long as the seller and buyer follow their legal requirements of the sale (which may or may not have obligations to OP) then they can do what they like.

It's not a charity, betrayal is a bit dramatic what we're expecting?

I worked in m&a, I can categorically assure you in an asset sale they can.

They absolutely can. The new owners will make the role redundant because they are not needed. They then have other members of staff in different roles absorb some of the duties.

The current owner has given the OP an extra heads up so she is not blindsided once the sale takes place. She now has the offer to take a redundancy pay out and 6 months+ to look for a job rather than a shorter notice period. This seems like they are trying to be fair.

OP it is not a personal thing. You were given the same opportunity and turned it down. This couple are obviously going to want do the best for their new business. It has obviously come as a shock to you and I don’t blame you. It’s almost a form of grief. Try to look forward though. The company will never be the same when run by someone else. You will find something better in the future.

The new owners will make the role redundant because they are not needed.

The role is needed though because OP has said that the new owners wife is going to be doing it, so no, the role is not redundant AFTER the sale. Even if they claimed the owners wifes role was a new one they'd have to demonstrate that it was substantially different to the OPs and that OP didn't have the skills to do it. Redundancy isn't just about the pay off it's also about whether you offer people reasonable alternatives to the role which is being made redundant.

It MIGHT be redundant BEFORE the sale if as people have pointed out, the owners are only buying the assets and not the business as a going concern, which I doubt is the case because nowhere has the OP said the business is being wound up. There are also rules around doing this too.

Even if that was the case the OPs current employer has to FORMALLY offer her redundancy not "if you find another job I'll pay you redundancy". That's not how employment rights work.

Start documenting conversations related to any change in role/being let go/employment of wife. I am certain that you can't let someone go to replace them with someone else without needing careful compensation. Please seek legal advice.