Self employed apprentice??

[redsadie]

Hi guys

I have a quick question for you. A friend of mine has 6 weeks left on her apprenticeship (she was a bit late starting - long story) but the hairdresser she did work for sold the business about 5 weeks ago and now the new owner told her she had to go self employed.

Can he do this if she is an apprentice?

I've told her to go and get it checked out but thought I'd ask on here too.

Many thanks

Sarah. xx

 

[bombini]

Im not entirely sure on this but I **think** that a new owner has to honour any existing contracts that are in place.

The reason I think this is because the salon I used to work at was going to be sold to a member of staff and they wanted everyone to work self employed but the juniors wanted to stay employed. Im sure that when the stylist looked into it further she was told that she had to keep on the existing members of staff employed.

This was a few years ago so I can't remember the exact details and Im just going off what I was told.

I will see if I can find any info on it.

 

[bombini]

Responsibilities to employees if you buy or sell a business | Business Link

Id advise your friend to have a read of the above link.

Either the new owner is a chump that hasn't done their research or knows exactly what they are doing and is trying to pull a fast one !

 

[jes]

Yes self employment isn't the issue here. When a business is sold the new owner has to take over and honour the contracts of the existing employees (this includes their holiday pay, redundancy pay entitlement etc).

Telling your friend to go self employed must mean she's being sacked! which (I believe) isn't allowed under the TUPE law.

 

[redsadie]

Thanks for your replies guys! I'll send her that link too, very helpful :hug:

 

[persianista]

Ther is normally a college agreement in place between the apprentice, the college and the employer. Some apprentices are non employed status, although I know that this exists, I don't think that status can chop and change. Her college may be able to help her.
Self employment has strictly defined perameters, and I dont believe a trainee would come into this category. The salon owner is simply attempting to avoid the legal obligations of being an employer, and there are laws to prevent employers acting in this way.