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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47404
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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A client of mine purchased a second business via share purchase

Resolved Question:

A client of mine purchased a second business via share purchase a year ago. They now want to trade only as their main business and not as two seperate ones. Would Tupe apply. Nothing changes for the employees as their current office will remain open and their benefits will be enhanced by moving over the the main company's terms and conditions.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Are you asking if TUPE would apply in relaiton to the original purchase a year ago?
Customer: replied 1 year ago.

No, would they need to be TUPE'd over now to the main company as they want to trade as one company instead of two separate companies?

Expert:  Ben Jones replied 1 year ago.
What is going to happen with the second business - will it sell its shares to the main business, or how is the merger going to work?
Customer: replied 1 year ago.

They were lent the money to purchase the business from their pension fund and now they are going to be paying back that loan

Expert:  Ben Jones replied 1 year ago.
TUPE is indeed likely to apply because the main business will be taking over the second one and bringing in the whole business with it, taking over what the second company did. So if there is such a takeover then TUpE would be relevant and the employees from the business that is moving would automatically move to the main employer and have their terms and continuous service preserved.
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