Discussion
Wonder if anyone can shed any light on TUPE implications in the following scenario?
Company A runs a factory. It relies on a single contract, which it loses, plunging it into insolvency. It makes its staff redundant and ceases to exist as a company.
On its last day, it sells the factory building to Company B.
Couple of weeks later, Company B starts the factory up again carrying out exactly the same kind of manufacture.
In spite of having received redundancy payments, are the staff who worked there for Company A owed any kind of TUPE rights by Company B?
If so, is there a period within which those rights would apply?
For the avoidance of doubt, Company A acted honourably and believed that it closed its company down properly and left no bad debts or staff without a redundancy payment.
Signposts to the relevant bit of legislation or applicable case law would be ace/above and beyond etc.
Cheers.
Company A runs a factory. It relies on a single contract, which it loses, plunging it into insolvency. It makes its staff redundant and ceases to exist as a company.
On its last day, it sells the factory building to Company B.
Couple of weeks later, Company B starts the factory up again carrying out exactly the same kind of manufacture.
In spite of having received redundancy payments, are the staff who worked there for Company A owed any kind of TUPE rights by Company B?
If so, is there a period within which those rights would apply?
For the avoidance of doubt, Company A acted honourably and believed that it closed its company down properly and left no bad debts or staff without a redundancy payment.
Signposts to the relevant bit of legislation or applicable case law would be ace/above and beyond etc.
Cheers.
V8mate said:
Wonder if anyone can shed any light on TUPE implications in the following scenario?
Company A runs a factory. It relies on a single contract, which it loses, plunging it into insolvency. It makes its staff redundant and ceases to exist as a company.
On its last day, it sells the factory building to Company B.
Couple of weeks later, Company B starts the factory up again carrying out exactly the same kind of manufacture.
In spite of having received redundancy payments, are the staff who worked there for Company A owed any kind of TUPE rights by Company B?
If so, is there a period within which those rights would apply?
For the avoidance of doubt, Company A acted honourably and believed that it closed its company down properly and left no bad debts or staff without a redundancy payment.
Signposts to the relevant bit of legislation or applicable case law would be ace/above and beyond etc.
Cheers.
no transfer of anything except the property sold Company A runs a factory. It relies on a single contract, which it loses, plunging it into insolvency. It makes its staff redundant and ceases to exist as a company.
On its last day, it sells the factory building to Company B.
Couple of weeks later, Company B starts the factory up again carrying out exactly the same kind of manufacture.
In spite of having received redundancy payments, are the staff who worked there for Company A owed any kind of TUPE rights by Company B?
If so, is there a period within which those rights would apply?
For the avoidance of doubt, Company A acted honourably and believed that it closed its company down properly and left no bad debts or staff without a redundancy payment.
Signposts to the relevant bit of legislation or applicable case law would be ace/above and beyond etc.
Cheers.
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