UK Employment Law
UK Employment Law Questions Answered by Verified Experts
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Was the sale with the aim of continuing the business as a going concern?
Yes, thats correct
Whilst TUPE does not usually apply to insolvency situations, there is one exception where it could apply to relevant insolvency proceedings, where a business is sold as a going concern. Saying that, there are still a number of further exceptions where certain pre-existing debts will not transfer to the new employer. Such debts will include payments payable under "relevant statutory schemes" and these will include redundancy payments. Therefore, these will be covered by the Secretary of State rather than the new employer and you would need to claim for it from the Insolvency Service.
Would I be right in thinking that if I wish to explore the possibility of pursuing a claim - I do this through an employment tribunal and if so would the claim be against my original employers / new company owners or the appointed administrators?
claim for what - redundancy payment?
Yes thats correct
yes you would go through the employment tribunal but if you were dismissed before the transfer took place then the liability will not be transferred to the new employer and you can only pursue the Secretary of State for that. it would be pointless to pursue the old company as they will not have any money/assets, having become insolvent
OK thanks, XXXXX XXXXX now answered my question.
My pleasure. Please take a second to leave a positive rating for the service I have provided you with as that is an important part of our process. Thank you
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).