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michael holly
michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6534
Experience:  Over 20 years experience of dealing with employment law matters and qualified mediator
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I am about to transfer my sole trader business over to a Ltd

Customer Question

I am about to transfer my sole trader business over to a Ltd company. What are my obligations to my employee?
i obtained the business 1.5 years ago, i took the business over as a going concern and inherited 1 employee that has been with the business for 21 years. I would like to keep the employee without making her redundant and then reemploying her again. Can I just keep her on and merely change the name of the company on her employment contract?
Submitted: 3 years ago.
Category: Employment Law
Expert:  michael holly replied 3 years ago.

The limited company would simply take over the employee as a "going concern" .All you need to do is write to her saying that as from such and such a date the name of her employer will alter to the name of the limited company and that no other terms in he contract are affected or will alter.

I hope this helps. If there are any further points please reply.

Best wishes

Yours sincerely

michael holly, Solicitor
Category: Employment Law
Satisfied Customers: 6534
Experience: Over 20 years experience of dealing with employment law matters and qualified mediator
michael holly and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.

Thank you very much. very helpful indeed.

The only other thing is she doesn't have a written contract and never has done. Even though she is on payroll and I done through PAYE
I am keen to get one in place.
Can the contract that i get have a clause that states that her current arrangement (although it has always been verbal) will continue under the new business name/employer as a going concern?

PS - I will be purchasing an employment contract that is specific to the industry which is hairdressing.

Expert:  michael holly replied 3 years ago.

Yes , you can do this and it will save you writing a separate letter.You can also incorporate the verbal terms thay you have so everything is in writing.

 

Yours sincerely

Michael

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