am i responsible for old employees

[alan56]

hi all i am thinking of taking on a new business on april 1st the people that are in there now have given notice to the landlord and will be moving out
but they have 10 staff they have heard that i will be taking the place on from april so they are quoting transfer of staff but i am not buying the business from them i am just renting the property from the land lord can anyone tell me where i stand on this
regards alan

 

[livefast]

It would be a very scary world if renting a commercial property meant you had to legally take on the staff of the previous business.

 

[David Griffiths]

Why don't you ask the solicitor who is dealing with the lease?

 

[alan56]

thanks for reply but there is no solicitor involved at the moment was just hoping someone here may know the answer before i go down the route with a solicitor and there charges as you can apreciate if i dont have to spend money on solicitors it gives me more for the business and if the solicitor says i am responsible then i have wasted money in one sense and saved in another
regards alan

 

[David Griffiths]

Sometimes scrimping on costs is false economy

 

[Chris Ashdown]

When you say you are taking on a new business what exactly do you mean

Is the previous company shutting down and leaving the premises or are you buying the old business and taking over the lease or getting a new lease

My understanding is if you are taking over the company you will be liable for tupe rules that safeguard the employees employment

 

[FirstClassVirtualOffice]

You are simply renting the premises after the previous company leaves, and are not buying the business off the previous tenant so no, you won't be liable to taking on their staff.

 

[alan56]

yes i am simply take on the premises on a new lease as the former tennents have give notice to the landlord i will be doing the same business in there as they were as it is a garage with shop and cafe
regards

 

[FirstClassVirtualOffice]

You are in the clear then.

 

[InternetMarketingPlatinum]

Quoting transfer of staff lol? This is a windup post?

Sent from my Nexus 7 using Tapatalk 2

 

[alan56]

quoting tranfer of staff no its not a wind up post just needed to be clear on where i stood as the redundence is in the thousands many thanks for all your help
regards alan

 

[Cylon]

yes i am simply take on the premises on a new lease as the former tennents have give notice to the landlord i will be doing the same business in there as they were as it is a garage with shop and cafe
regards

Are you leasing just the building shell or also some of the fixtures and fittings, garage equipment, stock etc. Will you be running this under a new business name.

As already mentioned I feel you need some solicitors help with this to ensure your best interests are being looked after and more importantly you are made aware of exactly what obligations you have in regard to the lease agreement, especially as you have asked this question in your OP I feel some professional advice is best sought.

 

[alan56]

the owner at the moment are a big motorway services the is no garage equipment and all the fixtures and fitting are the landlords so the name will change from there motorway services logo
regards alan

 

[Steve Sellers]

http://www.legislation.gov.uk/uksi/2006/246/regulation/3/made

^^^^^^^^^^^

 

[David Griffiths]

just needed to be clear on where i stood

So there you are. This person on the internet has said it's a wind up, and another has said that you are in the clear. What more do you need?

How confident are you at stepping up at an employment tribunal and telling the judge (or chairman, whatever) that? Are they going to turn round and say that's the case proven then?

 

[arcon5]

thanks for reply but there is no solicitor involved at the moment was just hoping someone here may know the answer before i go down the route with a solicitor and there charges as you can apreciate if i dont have to spend money on solicitors it gives me more for the business and if the solicitor says i am responsible then i have wasted money in one sense and saved in another
regards alan

If a solicitor says you are responsible then there fee would have saved you £000s.

I was in your situation once, opening a business on a shoe string.... never used a solicitor, never took advice from an accountant....

Now where am I?.... well, i'm an undischarged bankrupt!

I have no doubt in my mind if I took advice from these people then two things would have happened:

- my exposure to risk would have been capped/minimised when things did go bad.
- the risk exposed to during the lease would have been understood properly and capped/reduced. Things your solicitor will check & ensure is the break clauses; rent review clauses & how it sits with the break clause; your liability as to repairs and upkeep of the building are understood properly and usually capped - or even better an internal lease only lease is agreed.

I strongly urge you to take a step back and think about these things BEFORE signing anything.... especially if you own your own home or have assets as getting involved in commercial leases and business can make you money, it can also ruin your life and everything you've worked towards if you get it all wrong.

(Just my 2 cents).