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
I hope this has answered your query and would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. 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).