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What happens when an insolvent employer starts up again?
falko89
Posts: 1,687 Forumite
What way does this effect my redundancy as I was made aware that notice pay / holidays etc would come from the sale of assets. Basically my company has started up again with another employee as MD but is basically the same firm, 70% of work force where re-employed, I was not one of them.
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After speaking to the CAB it seems a tupe transfer has taken place which is an entirely different ball game it seems0
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Seems I have an unfair dismissal case on my hands now.
Not necessarily. As I told you on the other site you posted this to, it depends on the nature of the sale etc. The administrator was legally responsible for ensuring that they complied with the responsibilities of your original company - they were, in effect, acting as the original employer. So the starting point is the administrator and what their understanding of this was. It is not necessarily the case that a whole workforce is taken back (or even any of them are) when a company is sold in these circumstances. We need facts. And you don't yet have them.0 -
Hi, I spoke to my local CAB who referred it on to their specialist, He has had to refer it on to a legal specialist as he says this is a very dark and complex area, I don't know the ins and outs of it all and neither does he, but he thinks with the facts he has so far that this legal guy will say that there "Maybe" is a case, the problem will be the cost of taking it to court.0
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This is probably a different legal entity. Aside from any TUPE issues it therefore doesn't matter if its still mostly the 'same' company, they are unlikely to be liable for any claim legally.0
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This is probably a different legal entity. Aside from any TUPE issues it therefore doesn't matter if its still mostly the 'same' company, they are unlikely to be liable for any claim legally.
The problem I will hit is in regards to redundancy, if the redundancy service see this business is back in action they won't pay out.0
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