Staff's future at tenancy end
QWe are tenants and have been given notice to quit because the premises is being sold on. The notice expires later this year. Who is responsible for the staff who we currently have? Are we obliged to fire them on the day we leave, and does that mean that they have a claim for compensation against us? AThe movement of tenants is a fairly regular occurrence and I would have hoped that your owning company would have already discussed the legal position on staff with you. Unfortunately, this is not always the case. I assume from your letter that the business of the pub is to be kept going after you have left, or another tenant or lessee is going to be brought in. Under the Transfer of Undertakings (Protection of Employment) Regulations 1981, a regular member of staff's employment is taken to continue even when the business changes hands. Several changes have been made to these regulations and more are proposed, but the basic rights will remain. Purchasers of businesses are obliged to take on all existing employees and if they subsequently dismiss them, then redundancy payments may be due. But that will be a matter for them. Certainly, whatever the current operating company tells you now, you are not legally required to make your staff redundant in advance of your leaving date and thereby become liable for additional payments. This is really a matter for the company to determine. The best idea is to notify them in writing of the names and periods of service of your staff and ask for information on what they intend to do. Lawful to serve prostitutes QI read your articles regularly, but I cannot find one to convince my friend that actually serving a prostitute is not illegal, but I know I've read it. He says a police sergeant told him this, so it must be true. AAs I said before, the law on this has been widely misunderstood for many years and in spite of what I have written in the past, it seems to be still going on. Let's look at the Licensing Act. This says that prostitutes should not be allowed to "assemble" on licensed premises, and that the licensee should not knowingly allow the pub to be "the habitual resort or place of meeting" for such persons, whether or not they are actually soliciting at the time. But there is a specific concession in the same section which effectively makes it lawful to serve prostitutes with refreshments. The section states that it does not prohibit the licensee "allowing any such persons to remain in the premises for the purpose of obtaining reasonable refreshment, for such time as is necessary for that purpose". As to what is "reasonable" in terms of refreshment is not spelled out, but clearly intoxicating liquor would not be considered unreasonable in a public house, and a meal or sandwiches would also be acceptable. The word "knowingly" is used in the section, so that obviously there must be some evidence to suggest that the licensee knew the person concerned was a prostitute and allowed him or her to remain in that knowledge. Serving a prostitute unwittingly is not an offence.