Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did you take over an existing salon?
hello Ben No we didn't. we were approached by the salon owner back end of 2013 to purcase the salon but she wasn't turefully when disclosing figures. she was visited by balifts and the landlords took premises of her for rent arears. so we set up our own business
Ben Jones : Ok but it is in the same premises i presume?
no about 1/4 of a mile away.
Ben Jones : Ok so there are no links at all between your own business and the business where this person came from, no purchase or transfer of any kind and there was just a speculative proposition to buy it in the past but that never materialised?
Ben Jones : Ok ther should not be much for you to worry about in this case. You wouldmonly have hae liability towards that employee if there was a relevant transfer in which case she would have been protected under a piece of legislation known as TUPE. it does not mean that there would have been liability to pay her redundancy,rather she would have automatically transferred over to you and you would have been expected to keep her on and simply take over her employment from her old employer. But as there would have been no dismissal then no redundancy would have been payable anyway, you are after all keeping her in a job. Not only that but there does not appear to be a relevant transfer in the first place. You did not buy or take over the business in which she was employed previously. You are not continuing to operate their business or trying to keep it running as a going concern, these are entirely separate businesses with no links whatsoever and as the was no business transfer then there would be no liability on your side towards any of that business' previous employees
thank you. it has come to light that are employee never had a contract with her former employer does that make any difference?
Ben Jones : No a contract would be implied in any event but it does not change your position as explained above
ok thank you for your help. just to round up as there is no contracted between us transfering employment we should be in the clear. just a big waste of courts time and ours.
Ben Jones : I see no evidence that there is a relevant transfer which would make you liable for any payments to the employee from their previous employment. That is their old employer's liability
Ben Jones : Has this answered your query please?
sorry yes thank you. i feel alot more confident just hope courts see sense. thank you again.regards emily
many thanks for your help