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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Hi Ben, This is driving me crazy can you help me again please. I

Resolved Question:

Hi Ben, This is driving me crazy can you help me again please.

I sent the employees the letter that you said regarding there resignation.

They are saying to me that tupe does not apply it only applies if i sell the business. I have told them no it is even if the contract ends and someone takes it over.

They are saying they are not resigning that they are being paid off??? that they should have reseived a letter of termination of employment from me. that they want all their money and holiday pay by the 31st even though they are not due this months wage on the 31st and the remainder next month they want it in one go including holiday pay. I have said I have no problem paying holiday pay but they need to sign the resignation letters if not they will automatically transfer to thte new person with the contract.

Ben help me what do I do? I do not want to end in court?
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is XXXXX XXXXX I will try to help with this.

I'm not sure he is online at the moment but I will make sure he gets this for you.

I'm sure he will be on today.
Customer: replied 1 year ago.

Thats great thanks. This is really stressing me out now :(

Expert:  Jo C. replied 1 year ago.
No problem.

All the best.
Expert:  Ben Jones replied 1 year ago.
Hello again, the employees are not correct in saying that TUPE only applies if a business is sold. It will also apply if a service is being transferred, outsourced or taken back in-house. For confirmation of when it applies see here:

http://www.gardner-leader.co.uk/news-events-and-articles/articles/employment-law-update-when-does-tupe-apply/

So if there is a valid TUPE transfer taking place there is no requirement for you to issue them with letter of termination of employment or pay them anything which is due after the date of the transfer.

It is up to them to decide whether they want to transfer to the new employer or not. If they do not want to then they have to send the letter as discussed. If they do not want to send the letter or do not indicate in any other way that they do not want to transfer, their employment will automatically transfer to the new employer
Ben Jones, Solicitor
Satisfied Customers: 38401
Experience: Expert in UK Employment Law
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