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?

This disagrees with you. Selling a Business - TUPE or not TUPE - Backhouse Solicitors (backhouse-solicitors.co.uk)

Honestly if you’re not legally trained on this. Then mr google isn’t going to help you. However if you insist on going there.

you need to know the terms of the sale but one hundred percent employees can be excluded in many scenarios, and redundancy apply

surely you know this, many big companies ger sold and people made redundant. They can also change the terms of the role,ie merge it into something else.differing responsibilities.

https://www.employmentsolicitor.com/employees-asset-sales-stay-go/

www.gov.uk/transfers-takeovers

Yes, but OP has not formally been offered redundancy, there was no suggestion that the company was being would up and just the assets sold and it was confirmed that her position would still exist once the company had been sold so they are no going about it the right way. From the link you shared: A TUPE-related dismissal will be automatically unfair except in limited circumstances such as genuine redundancy. Where redundancy arises, failure to include your existing staff in the selection process (where appropriate) may also make those redundancies unfair.

Thank you all for taking the time to voice your opinions. Ok, maybe ‘betrayed’ was a bit too dramatic a word, but I can’t help feeling a bit lost as I was originally in a very tight team - now I kind of feel like I’m on the outside looking in as I’m no longer one of the team (or won’t be for much longer). This doesn’t affect how I do my job, I’m too professional to let that happen, but I can’t say it doesn’t hurt.
I’ve been reading conflicting information about whether or not what is happening is lawful - I think I’d have to get professional advice on this to really know. But again, I honestly don’t think I want to battle to stay in a job where the trust dynamics have gone awry. I just want to be treated fairly and with the compassion I feel I deserve and have earned in my time here.

I’m sure if it comes to it, she will be formally offered redundancy, they need to go through the process.

Offering to bung her some money if she finds another job doesn't sound like someone who is going to go through the process.

From what I can gather, the business is being taken on as it is currently. They will be continuing with the same business name (brand), with customers receiving and expecting the same service that they have currently (and have had for the past 10 years). I don’t think much is expected to change…

I’m afraid you need to know the terms of the sale in regards employees. You also need to know if the wife will be paid , or just director dividends and if the role is exactly as yours is.

yabu

to turn down the offer as it was NOT financially beneficial for you and your dh; and then to be SHOCKED whoever decided to take over the business is NOW making decisions which ARE financially beneficial for he and his wife, is very disingenuous. and then the word 'betrayal. seriously!!!??

This is this problem. The business is being taken over by a couple who can distribute your duties amongst other members of staff, including themselves. They do not need someone in this specific role to make the company work and are therefore able to make your role redundant.

People are making out like your current boss is doing something on the sly, which is completely wrong. Even if he Tupe’s you over, the new owners are still legally able to make you redundant if your role is not viable. It sounds more like he appreciates your service and is trying to give you an earlier opportunity to find another job and give you an extra pay off at the same time. If he gives you an official offer of redundancy now you are no better off. The idea is you get a pay off and more notice- not try and sneak you out the door quietly. He is trying to help you

Business is ruthless.....

Find out if what they are doing is lawful (I agree I think it breaches TUPE)

You don't want to stay, understandable, but use this to your advantage.

If they are not acting lawfully (they may change your job scope or title to allow wife to take it on to get round the rule, which I think breaches TUPE as well) then work out what your reduancy would be and then ask for more..... have in mind what you would take as lowest offering, and go much higher, using the breach of TUPE (if breach is correct) as leverage

They have no loyalty to you, so have none to them, be ruthless.

speak to ACAS re TUPE rights, i'm sure they can't just replace you but not sure if they can get rid of your position and make you redundant for which you would get redundancy, although that won't be much
you said that he would put his wife in your role and he would be replacing himself? I would maybe speak to the new owner (after speaking to ACAS), just to find out what his plans are for the future and does he see you in them? They may restructure or something.

Has all this information come from your current boss or have you spoke to the colleague also?

From a legal standpoint they can’t just give your role to someone else. They could be sneaky and create a new role with a different title and responsibilities and make your role redundant. Once they make your role redundant, they can’t rehire for the exact same role for some time (I think 2 years).
So, the new owner would need to start a redundancy process either way, the way I see it. Unless they go out of their way to find a way to show poor performance and use that rute.
But essentially they can just say “will hire someone else do your job going forward”.

Sorry OP but that is hugely naive. I would expect if a business is sold, I would lose my job

I would contact ACAS for advice. If your job is going because the business is folding (and then opening again under a different name), I would have thought you should have been made redundant from the folding business, because that role in that business was redundant. If the business is re-branding but not folding (therefore no redundancies), then I have thought that they would have to let you keep the role.

For those saying "if a business is sold I would expect to lose my job". Yes maybe, but then it should be redundancy because when the business is sold, they no-longer need the workers.

Yes, take the emotions out of it - you need an employment lawyer not Mumsnet

This is really unfair OF you. They made you an offer, you declined. They haven't betrayed you, they've been really generous offering you redundancy.