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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50154
Experience:  Qualified Employment Solicitor
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I had 2 ltd companies . staff worked but got paid

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i had 2 ltd companies . staff worked for both but got paid from just 1. this company ceased trading so i now pay them through the other company. do i have to abide by there original contracts under tupe even though p45 were issued or does there hol entitlement etc start from new employment date with new company.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Did a TUPE transfer actually take place?
Customer: replied 2 years ago.
sounds daft but how would i know. the employee in question did all this work and isssued herself with a p45
Well TUPE would usually apply when one company takes over all or part of another one. To be honest it may not be relevant here because these employees already worked for both companies so it is not like their employment was transferred from one to the other. You may have paid them from one company but the fact that they did work for the other means that they would have also had some form of contract with it and been its employees. Even if that was not the case it would appear that the current company took over the duties of the old one in terms of employing these people and as such TUPE is likely to apply. In either case they will be able to claim that their rights have transferred to the current company without break (or they simply carried on as they were employees of it beforehand). So there would be no break in terms of benefits, such as holidays. Therefore, their rights would be as if they had never stopped working for the original company – they will transfer to the new one and will count under their old contracts. So you will have to assume that nothing has changed and that your liabilities are the same as if they were still employed by the old company, which means that their old contracts would still be valid and you must honour them in the same way. I trust this has answered your query. 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). If for any reason you are unhappy with my response or 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 2 years ago.
thanks that's helped lots . just to clarify this lady tupe over in 2014 but i then issued another contract which she signed in early 2015 before the change of company again in june 2015. is this contract still to be abided by ?
It would be the latest contract which she signed so the one in 2015 - that is the one that would be currently valid
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Customer: replied 2 years ago.
thank you . 5 stars.
You are welcome, all the best