How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70225
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

Not sur if tupe did apply to one of my employees, no, an

Customer Question

hi, Not sur if tupe did apply to one of my employees
JA: Have you discussed the TUPE issue with your HR staff? Or with a lawyer?
Customer: no
JA: Is the relevant person an employee, freelancer, consultant or contractor? Does the person belong to a union?
Customer: an employee, not in union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: yes
Submitted: 9 days ago.
Category: Employment Law
Expert:  Ben Jones replied 9 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 9 days ago.

Please provide some more details of your circumstances. Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 9 days ago.
Hi, yes in brief
I started my company on 30th of April 2018, I work with another colleague at a previous company, same thing, employment agency for lgv driversOn the Monday 30th April the previous company went into liquidation and didn't pay anyone, so my colleague started with me that day and signed a contract with me, I didn't purchase any assets, so completely fresh, on the first day with me where she didn't get paid , I paid her that day for her months pay, and the thing is next week i do plan on making her redundant, not too sure if I made a mistake now and would her previous time count in redundancy pay or not , 2 and a half year woth me and I think 1 to 1.5 years with previous company, not quite sure,
Expert:  Ben Jones replied 9 days ago.

Many thanks for your patience. So can you please let me know if your company took over the business of the old company which was liquidated?

Customer: replied 9 days ago.
I took what business was there, but didn't buy the assets
Expert:  Ben Jones replied 9 days ago.

when you say you 'took' what business was there, what do you mean, how did that happen?

Customer: replied 9 days ago.
Are industry works a week behindSo the week i started 30th of April, I actually invoiced and paid the drivers for the week leading up to the 30thBasically the drivers came over to me and if I didn't invoice and pay them that week they wouldn't of got paid
Expert:  Ben Jones replied 9 days ago.

But I mean did you officially get replaced as the service provider with the old company’s clients?

Customer: replied 9 days ago.
Not officially noThe clients just signed my terms and just went from thereThere was nothing officially ever put in place
Expert:  Ben Jones replied 9 days ago.

Ok thanks, ***** ***** not very clear whether TUPE would apply or not. As this was not a business purchase you will have to look at whether it was a service provision change. That would happen when the old employer was providing services to an end client and you then took over as the new service provider and continued providing the same services to the original client(s). The change of service provider would have likely triggered TUPE:

Have a look here fir a more detailed explanation:

https://www.wilsonsllp.com/news/service-provision-changes-when-does-tupe-apply

Expert:  Ben Jones replied 8 days ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Expert:  Ben Jones replied 7 days ago.

Hello, not sure if you are having trouble seeing my posts? I have not heard back from you since posting my answer and just need to know if your query has been resolved. If you could please post a quick reply to confirm I would be very grateful. Thank you

Customer: replied 6 days ago.
All sorted
Expert:  Ben Jones replied 6 days ago.

You re most welcome