Hello again, under TUPE, it is only the employees and their contracts of employment that transfer over to you and which you have to honour. There may be ancillary issues related to the transfer such as client contracts, but id these are not part of the employee’s contracts of employment then you do not have to honour them. Other contracts would not transfer to you at the same time and your legal responsibility only stretches as far as honouring the contract of employment of the transferring employees.
In terms of providing you with information, the outgoing employer must obtain employee liability information about the employees and send it to you. However, outgoing service providers may be reluctant to give this information, especially where they have concerns about losing the service contract or are concerned about confidentiality. Regulation 11 of TUPE obliges the transferor to give the employee liability information to the transferee bidder, that is, the potential new employer and only 28 days before the transfer.
If they do not provide the relevant employee information, the new employer can bring a claim in the employment tribunal within three months of the date of the transfer (regulation 12(1)-(2), TUPE).
The tribunal can order that they pay you such amount as the tribunal considers just and equitable, having regard to your loss and any contractually agreed terms between the parties, subject to a minimum of £500 for each employee in respect of whom the information was not provided or was defective (unless the tribunal considers that it would be unjust or inequitable to award this minimum payment).
However, if the criteria for a TUPE transfer were met, then you cannot ask for the employees to be taken back as TUPE is an automatic principle, not a choice.
This is your basic legal position. I have more detailed advice for you in terms of the which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Sorry that was the incorrect ending inserted there (as you can see I made no reference to what detailed advice it was) but more than happy to answer any further questions if you have any?
It is not legally required for employees to accrue their holiday entitlement in a holiday year before they are entitled to take it and be paid for it. This only happens in the first year of their employment. At any time after that the employees can take holidays even if they have mot yet accrued the days ff. If they were to leave before they have managed to accrue enough to cover all the holidays they had taken that year, then you are legally allowed to deduct any outstanding amounts from their final pay.
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