Am I right in thinking that if my employer is closing the business, staff are being TUPE across. Should we, the staff, have had 45 or more days notice of the transfer
Hi – if your employer is closing the business because they’ve sold it, and the sale is a TUPE transfer, then basically, the employees should automatically transfer to the buyer. Employees aren’t redundant in that case, because TUPE makes them transfer to the buyer – precisely to avoid them being made redundant.
On the other hand, if the business is closing, and there isn’t a TUPE transfer (eg the business is just closing, there’s no buyer), then employees would be redundant because of the complete closure of their employer, and that’s “just” a redundancy, not related to TUPE at all.
Please get in touch so we can give you specific advice about your and your colleagues’ situation, at employment@qlaw.co.uk – we’d love to help!
