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. When did the current lessee take over your lease?
Our lease expired on 31st Oct 12, after a 1 year extension under tacit relocation rulings.
The new lessee took over on 1st Nov on a completely new lease with different period and different financials
The transfer of a lease could trigger certain employee protection under a piece of legislation known as TUPE. If TUPE applied it would basically mean that the existing employees would have transferred to the new employer on their existing terms and conditions and preserved their continuity of employment. At the same time, the new employer (the new lessee) would have taken on all liabilities in relation to these employees, such as pay, holidays, redundancy, etc.
Even if TUPE did not apply and you were responsible for the dismissal of these employees, it would be too late for them to claim anything in relation to redundancy. The time limit for a statutory redundancy payment is 6 months from the date it was due, for a contractual (enhanced) redundancy payment - it is 3 months. To challenge the actual dismissal a claim would need to be made within 3 months of dismissal. So if all of this happened in Nov 2012 then it would be too late for the employees to claim any redundancy pay from you or challenge their dismissals.
the new lessee took over on 1st Nov 12 on a completely new lease with different period and different financials. They signed up for 3 years with a 6 month break clause which they are now exercising
sorry we crossed replies, advice is abive
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