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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47612
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am taking over a pub,, the ex landord was him trading as

Customer Question

I am taking over a pub,, the ex landord was him trading as , we are taking over as limited company, one member of staff is still on maternity leave Do i have to pay the remaining maternity leave as im taking over as limited company
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. If you are taking over the business and this member of staff is attached to the business and will continue their role, then a law known as TUPE will apply. This will automatically transfer them over to you under their existing terms and conditions and you will automatically become liable for all their liabilities. This would also include paying their maternity leave and pay. This law will not apply if this person is not an employee (i.e. self employed) or if you are taking over the business by making a share purchase of the previous business. It is also possible that you and the previous employer come to an agreement as part of the purchase as to who is responsible or the maternity pay. However, if they refuse to agree on paying the employee or there is no agreement, you would automatically become liable to pay that after the transfer.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
Expert:  Ben Jones replied 1 year ago.
My full response should be visible on this page. Could you please let me know if it has answered your original question or whether you need me to clarify anything else in relation to this? If your query has been answered I would be grateful if you could please take a second to leave a positive rating, selecting 3, 4 or 5 starts at the top of the page. Thank you

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