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Hello, my name is Ben and it is my pleasure to assist you with your question today. Will the new company keep the existing business dealings and will they take over the old company as a going concern?
From what I have overheard it will be a new company but still doing vehicle repairs. They were argueing that he would have to TUPE the staff but he does not want all of them
TUPE is likely to apply if the new company takes over the old one as a going concern and continues the same operation, even under a new name. It is whether the same activities will be conducted that matters. If TUPE does apply then you will automatically be transferring to the new company and they will have to take you over on your existing terms and preserving your continuous service. You would not be made redundant and as such would not be entitled to a redundancy payment. So if the option exists of not taking up employment with them and being offered redundancy, then to keep it you need to ensure that you do not start working for the new copany as they could try and claim back the redundancy pay.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks