Hello just to clarify you are self employed rather than an employee?
Hello sorry I was offline by the time you had replied. You will only be protected under TUPE if you are an employee rather than self employed. So the first thing you need to work out is what your employment status is. You may have been referred to as self employed but in reality could be an employee and vice versa. There is no specific test you can use to determine this unfortunately and only a court can decide that. However, you can look at the common factors to try and work out what you are most likely to be. It is best if you Google for ‘employment status indicator’ and take the short test which can give you an indication based on your situation.
Secondly, even if you were an employee, TUPE would not apply on the sale of the business by sale of its shares. So if the current owner is selling their shares and that is how the business is sold TUPE will not apply.
In terms of the agreement offered no one can force you to accept or sign that. However, if you do not do so they could seek to terminate your employment, which they can do quite easily if you are a contractor and even as an employee who is jot protected under TUPE. So it is for yourself to decide whether the terms are acceptable to you or if you wanted to try and negotiate further with them for an improvement. However, this whole rushing may suggest they are trying to get this resolved for one reason or another, whether to make the company more attractive to the buyer or because they have already raised this as an issue. In that case you would try and use this apparent desperation to your advantage when negotiating.
Whether the buyer will purchase with your situation is entirely up to them. One person may not see this as a big issue, another may see it is a big one. So it depends on the individual behind the purchase. I would certainly not say that your situation will automatically affect the purchase but it is how the new owner would see this and that is a personal decision for this.
This is your basic legal position. I have more detailed advice for you in terms of the rights you have on termination of a service contract, 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
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Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.