UK Employment Law
Ask an UK Employment Law Question, Get an Answer ASAP!
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Is the holding company going to continue the business for the time being?
It looks as if they are, as they are trying to sell it off but all funding e.g. Fuel cards, hotels etc are not currently being paid for. there has been no comms bar a letter to say in administration, and her contract has been transferred.... So should she still go to work? Does that help?
Are you there?
It is likely that if the holding company has taken over the old company as a going concern and with a view to continuing its operation, perhaps until a new buyer is found, then the employees would transfer under a law known as TUPE. It means their contracts automatically transfer to that company and they have to take them on preserving their contractual terms and conditions. If she refuses to go into work then it could be seen as a refusal to transfer, which amounts to a resignation.
OK but for TUPE there is normally consultation nothing has been said bar leaving a letter on her and others desks?
So is there a commitment to pay her salary at the end of the month, so she does need to go to work?
In normal situations, yes, there is consultation, but there is a defence to not holding consultation, for example if it was not reasonably practicable to do so. Let's say the administrators were called in and had to take immediate measures to deal with the failing business, including a transfer to their holding company - the priority is to ensure the administration is dealt with so consultation may have to take a back seat.
commitment to pay salary for when?
Her last pay day was 25/9 and the TUPE happened yesterday so there is already a difference from then to yesterday and until the 25th of Oct. So if she works will they pay her?
Understood on the consultation i.e. get it sold asap all other stuff later
if she continues to work then yes she should be paid. If for some reason the business fails, there is no buyer,money or assets, then she can recover some of that money from the Government
Thank you at least she knows. on a last note money from government via DWP? Just worried about her flat and payment?
do you mean the money she is owed or money in the meantime?
Just that she will receive salary on 25/10 :(
but she is paid monthly?
yes .... Is there anyway to protect against on the 24th they say she will not be paid
if it is just a short term delay then it may not be covered by benefits as applications take a while to process. She can't apply now as she is still technically employed and due to be paid.
OK thanks for the support worth the money :)
You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and all the best
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).