company transfer with TUPE, no pay when refurb is happening?

[nickncs]

i work at in a petrol station as a sales assistant, the company is being transfered to a different owner and we are all being transfered under TUPE so are contracts are all being transfered. during this process the site has to be refurbished and the new owner has said that we will not get paid at all while the site is closed for 3 weeks, is this legal??? it dosn't seem right, if someone could help me it would be much appreciated.

[postggj]

have you transfered yet under TUPE

if not your current employer will be responsable for your continuing salary

 

if you have TUPE over then their should be no loss of wages as the terms of your employment will continues. if the site is not ready then that is not your problem, they should have delayed the transfer until the site was ready

 

by not paying you he will commit an offence under section 13 employment rights act, unlawful deduction of wages, that includes still accuring your normal holiday entitlement as well

 

how long have you been employed for

[nickncs]

have you transfered yet under TUPE

if not your current employer will be responsable for your continuing salary

 

if you have TUPE over then their should be no loss of wages as the terms of your employment will continues. if the site is not ready then that is not your problem, they should have delayed the transfer until the site was ready

 

by not paying you he will commit an offence under section 13 employment rights act, unlawful deduction of wages, that includes still accuring your normal holiday entitlement as well

 

how long have you been employed for

 

The letter from my previous employer says "your employment has now transferred from 26/10/12 to [edit] limited in accordance with TUPE" so I'm going to bring this up with the new owner when he is supposed to call me on Monday. Thank you for the help.

Edited October 28, 2012 by honeybee13
Company name removed to avoid possible problems.

[postggj]

how long have you been employed for

[nickncs]

how long have you been employed for

Just over a year with the previous employer then transfer to new company from 26th

[postggj]

thats fine

 

full employment rights as well if he decided to play silly buggers over this

[Emmzzi]

does your current contract with old employer allow for short term layoffs? some do.

[becky2585]

does your current contract with old employer allow for short term layoffs? some do.

 

That's what I would suggest looking at too. They could have the contractual right to lay you off for up to 13 weeks.

 

If not, then you could have the right to be paid... But check your contract, because if it's a zero hours contract, they probably don't need to pay you if you're not working.

 

Finally if you aren't a zero hours worker, they could require you to use annual leave to cover the period, but you'd need 6 weeks notice.