TUPE Query

Intoodeep

Company A & Company B are owned by the same people, but are totally different businesses and sectors.


Company A is closed because of Death of the Manager and driving force behind the business


Some Employees have moved to Company B as a result


What is the TUPE situation with these Employees as the Business has neither been sold or taken over ?


Any thoughts gratefully received.

sangie595

Intoodeep wrote: »

Company A & Company B are owned by the same people, but are totally different businesses and sectors.


Company A is closed because of Death of the Manager and driving force behind the business


Some Employees have moved to Company B as a result


What is the TUPE situation with these Employees as the Business has neither been sold or taken over ?


Any thoughts gratefully received.

I'm afraid that what didn't happen doesn't really help to give advice. We need what did happen. The employees did not magically awake one morning in company B. So how did they get there? What happened to the employees who didn't go to the other company. And when did this happen? Timelines are as important as facts.

Intoodeep

sangie595 wrote: »

I'm afraid that what didn't happen doesn't really help to give advice. We need what did happen. The employees did not magically awake one morning in company B. So how did they get there? What happened to the employees who didn't go to the other company. And when did this happen? Timelines are as important as facts.

The rest of the employees (7) found alternative employment.


The shutting down of Company A occurred on March 31st, the Employees who were offered jobs and accepted were then Employed by Company B from April 1st


I hope that helps, any further information gratefully received.

getmore4less

What type(Ltd,partnership, etc.) of companies how were they owned.

Were they really different companies or just training names.
Were the independently owned or part of a group.

Are they recognising continuous service or treating those that transfers as new starters?

Intoodeep

getmore4less wrote: »

What type(Ltd,partnership, etc.) of companies how were they owned.

Were they really different companies or just training names.
Were the independently owned or part of a group.

Are they recognising continuous service or treating those that transfers as new starters?

Both Companies were Limited


Owned by 2 Brothers but completely different Companies and areas of Trade, one in Manufacturing, the other in Supplying Foodstuffs.


I was treating them as New starters but just wanted confirmation that was correct

sangie595

I would agree - it seems they are new starters. I hope they got their claims in for any redundancy etc that they were owed?

Intoodeep

sangie595 wrote: »

I would agree - it seems they are new starters. I hope they got their claims in for any redundancy etc that they were owed?

Yes they were all "sorted" for anything due.

sangie595

Intoodeep wrote: »

Yes they were all "sorted" for anything due.

In that case, yes, they would be new starters. The ownership of the companies being the same doesn't matter - it is the circumstances in which people moved from one to the other. With very different work, and with termination payments all made, they have simply started at a new company, which happens to have some common ownership.