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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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I sold my petrol station in March 2016 as shares the new

Resolved Question:

I sold my petrol station in March 2016 as shares the new owner an Indian gentleman took over the contracts of employment etc. He has been paying the staff (4members) for the last 6months and has just last week changed the name of the company on their pay slips and put earnings for n/I as that weeks pay and then he has done the same this week. I have contacted accas on their behalf and was told because of it being a share deal they are not covered by TUPE, and that I should check that we were not liable should he dismiss them for their redundancy pay, he is planning an extension to the premises in 2 weeks and they are all frightened he will put them out of work, he is bringing his own staff to work night shift during the alterations.He issued the staff with their P60's at end of finance year.Can you tell me if we would have to pay redundancy money if he sacks the staff as all this happened over 6months ago. I can't see that we are but I am concerned.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long have these staff members been employed there for?

Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 1 year ago.
1 worked 14years 1 worked 11years 1 worked 1 year and 1 worked 4months
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. It is highly unlikely that you would be liable for any redundancy payments or anything else for that matter. Whilst it is true that TUPE does not apply to share transfers, that only means that the employees do not get protection in terms of keeping their existing terms and conditions and other general protection on a TUPE transfer. However, it does not mean that you retain liability should they be made redundant by the new owner. Their employment would have still transferred to the new employer after the transfer but without the protection offered by TUPE in terms of them keeping their existing terms and conditions. However, the new employer would have taken over their employment anyhow and any liability for them, including payments due on termination. Therefore, any claim for unpaid wages, redundancy, etc due after the transfer are the responsibility of the new owner.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Customer: replied 1 year ago.
thankyou for your help, the new owner is now saying that he I going to issue staff a letter stating change of company name and P45's does this mean they loose their right to years of past service
Customer: replied 1 year ago.
thankyou for your help, the new owner is now saying that he is going to issue staff with a letter stating company name change and P45's. Does this mean they loose their right to previous years service
Brenda
Expert:  Ben Jones replied 1 year ago.

Hi there, happy to answer follow up questions if you could please leave your rating for the initial response then I can continue, many thanks

Customer: replied 1 year ago.
this doesn't mean I have to pay another £26.00 does it only it states on this page I could have 1 weeks free and I have already paid £26.00
Brenda
Customer: replied 1 year ago.
My star rating for your answer is 5 but I do not think I should have been charged 26.00 when it states unlimited answers for a week
Expert:  Ben Jones replied 1 year ago.

Hi there unfortunately I do not deal with account issues but usually you only pay the one off fee so you would not be charged extra for leaving your rating and then me continuing to assist you.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
you missed my question I asked . The new owner is now planning to issue a letter stating change of company name an P45's does this mean that the staff loose all their previous years of employement and rights to redundancy pay he says he is not planning to dismiss them but that is questionable when he redevelops the site.
Brenda
Expert:  Ben Jones replied 1 year ago.

Hi there, sorry the employees will continue working for the company and their continuous employment will not be affected - what happens in effect is that they are working for the same company but with new shareholders, so f these new shareholders want to dismiss them then they will have to do it in a fair way (at least for those with more than 2 years service) and if they are made redundant then they will also get redundancy