Employment Lawyers Can Answer Your Employment Law Questions
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.
Hi there. How many employees are there and how long have they worked for the business?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience, I am pleased to be able to continue assisting with your query now.
Your understanding is indeed correct. Just because the service contract has expired does not automatically mean that the employees are no longer protected and sometimes there may be a short cessation of services whilst the transfer takes place. However, such a gap will not remove the employees’ protection under TUPE
In the end, if the triggers for TUPE are satisfied and the cessation of services was just temporary then TUPE would still apply and the employees would transfer over to the new employer jst as if there was no break in services.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best