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Hello my name is Ross and I can help
Can you give me a little bit of the background to this please. Are there any staff who have worked for longer than 2 years?
So is it your position that you have inherited staff who you cannot afford and are looking at how to fix this without breaching any laws would that be correct.
Ok ill be honest I don't think I can "fix" this for you however, I am an employment lawyer so I can give you some advice and also some suggestions as to how to go about it.
Firstly, if you make someone redundant because of the TUPE then this is automatically unfair and the 2 year rule doesn't matter they will likely sue you. so avoid this. However, TUPE provides extra protection for employees but it does not leave you powerless to act. There are reasons you can dismiss staff who are part of the TUPE transfer and stay within the perimeters of the law. However, the reason I said I can't "fix" this for you is because this requires a full look at your business structure and legal advice on how you are going to implement these changes and then the process followed correctly to indemnify you of any potential legal action. A good lawyer will be able to nip this in the bud prior to any dismissal. Sadly, as with most things, employers have to walk on eggshells when dealing with something like this. The difficulty is that the TUPE provides extra protection, or on the flip side, and additional method to claim. I would be happy to do this for you via my company however, I have to offer my email address as an additional service (which I can do right here) as there are website rules. I would be happy to look through things for you before we actually engage as we offer a free consultation. Please let me know if you feel this would be of any use to you.
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