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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48189
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My employer business lease is running out in march next

Customer Question

Hi my employer business lease is running out in march next year. But he is sub letting his business to someone until is going to transfer the leas next year. But has told me that you have to work until I give notice. ?
Is this correct that I have to work for the new employer until the notice.
Submitted: 1 year ago.
Category: 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. When a business transfers to a new employer, be it via a purchase of a business or a sub-lease, as in your case, it is most likely that a law known as the TUPE Regulations would apply. Assuming the business remains more or less the same, you will automatically transfer to the new employer and they will have a duty to take on all existing employees as their own and on their existing terms and conditions. So in effect you continue being employed on the same premises and doing the same work but with a new employer. So yes it is indeed possible that you will automatically move to the new employer rather than be made redundant. You can choose not to transfer but that would be considered a resignation and you will not get any redundancy ay if you do so.

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

Customer: replied 1 year ago.
But the new employer don't want to employ me they just want me to train them for few weeks.
Customer: replied 1 year ago.
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Expert:  Ben Jones replied 1 year ago.

How long have you worked for the existing employer?

Customer: replied 1 year ago.
For 19 year
Expert:  Ben Jones replied 1 year ago.

If TUPE applies then the new employer will have to take you on and honour your existing terms and conditions. If they refuse to allow you to transfer to them and continue working there then there is the potential for unfair dismissal which you can take further if needed

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Customer: replied 1 year ago.
My existing employer have told me verbly that he is going to make me redundant.
Customer: replied 1 year ago.
But wants me to carry on working until the notice
Customer: replied 1 year ago.
Is my session over
Expert:  Ben Jones replied 1 year ago.

No it is not, so when are they making you redundant?

Customer: replied 1 year ago.
They told me on 15th August that but not given me the date. They said we are informing you before 12 weeks. But not given me in writing. Just told me how much you will be intiteled for
Expert:  Ben Jones replied 1 year ago.

until you are issued with notice of redundancy your employment continues as normal. In this case you re likely to transfer to the new employer and then back to the original one when they take the business back and when they want to make you redundant

Customer: replied 1 year ago.
OK thanks for your information.
Expert:  Ben Jones replied 1 year ago.

you are welcome