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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
What do you specifically want to know about this, please?
Thanks, you can ignore the phone call offer as that is optional. Do you know how long the employees in question have worked there for in total?
Please note as it is the weekend I cannot always answer immediately, thanks
Hello, I am not sure if you saw my query above: Do you know how long the employees in question have worked there for in total?
ok great, that would be useful to know so once you find out please get back to me and we can continue
Thank you. If the Transfer of Undertakings (Protection of Employment) Regulations 2006 (better known as TUPE) apply to a transfer, those employees assigned to the transferring business will automatically move to the new employer on their existing contractual terms and conditions. Simply put, the new employer would 'step into the shoes' of the old employer and the employees should start working for the new employer as if nothing had changed, apart from the name of their employer. They would also preserve their continuity of service and the time with the old employer will form part of their continuous service.
So there is no minimum period you need to keep them for - you have to keep them on as if they were your employees until they either leave or you can justify a fair dismissal.
One good piece of news is that those with less than 2 years continuous service have no unfair dismissal protection so the person who started less than 2 years ago can be dismissed without any reason, as long as you pay her the contractual notice period she is due.
The other person may also be dismissed in certain circumstances but it will be trickier. For example, if his job is no longer required you could consider going down the redundancy procedure but you must ensure it is all done fairly and he will also be due redundancy payment.
Does this answer your query?
to achieve what precisely?
well as mentioned the one with less than 2 years' service is not a problem as you can dismiss them anyway. The other one you will have to try and make redundant but you have to be able to show that their role is not available any longer and that they won't be replaced, plus you also have to offer them any alternatives that are available so you need to make sure none are to avoid having to do that. You can always approach them on a 'without prejudice basis' as well where it is an off the record chat and offer them compensation to lave but you cannot force them to accept that so it would be up to them, usually based on how good of a deal it is for them
All you need to do is select 5 stars at the top of the page, many thanks