At some point in May, after several months of late salary payments, my department were told informally that we would be ringfenced from the rest of the company and become financially autonomous as the invoices that were being paid for our services were being swallowed up elsewhere. This was due to take place around 1st July. How it was portrayed to me and other staff is that original company would continue and our services would continue under a rebrand.

On the 9th July, we received a TUPE letter, with no date advising of when this would take place but advising that our employment would automatically transfer over unless we sign an opt out form. At the bottom of the letter, it states the previous owners of the business “consulted with us at previous discussions” – however, there was one informal discussion where the word TUPE was never mentioned. The letter was also dated the 5th but not e-mailed until the 9th.

On the 12th July, we received another update to say that we would be operating as the new company from Monday 15th but this never happened and instead we received an update on the 17th saying that we were now trading as the new company. Further communications were sent on the 19th at 11pm asking if we wish to TUPE, 2 days after the transfer.

Now during all this, the original company went into administration and administrators weren’t mentioned until the email received at 11pm on the 19th. We have also not received our wages from the original employer before they went into administration and the new employer has advised they will honour it as a good will gesture but have been unable to say when it will be paid, it is now 16 days past due. We have also been issued with a final payroll and a P45 from our previous employer but from what I’ve read, this isn’t necessary in a TUPE transfer as it’s a continuation of employment.

Also, if they don’t pay the June salary soon (some people are still owed May), would I be able to take them to a tribunal for unpaid wages or is it the original company I would need to do this with and therefore the Redundancy Payment Service/National Insurance Fund – the communications from both sets of employers are weak and confusing (largely as it’s the same people and they’ve TUPE to themselves)