Tupe

[Toyoutome]

Hi,
I am planning on retiring from my business and have someone interested in buying my stock and machinery and setting up a new Ltd company, but running the business from my premises which will be rented by way of lease , I have wound things down and only employe 2 staff , if the staff go to work for the new company do they have to be transferred under Tupe or can I make them redundant and then the new company take them on as employees under a new contract etc
This is all new to me so any advice is welcomed thankyou.

 

[Newchodge]

Hi,
I am planning on retiring from my business and have someone interested in buying my stock and machinery and setting up a new Ltd company, but running the business from my premises which will be rented by way of lease , I have wound things down and only employe 2 staff , if the staff go to work for the new company do they have to be transferred under Tupe or can I make them redundant and then the new company take them on as employees under a new contract etc
This is all new to me so any advice is welcomed thankyou.

TUPE stands for Transfer of Undertaking ..........

In this case it sounds as if there is an undertaking being transferred - your stock, your machinery, your premises, presumably your client list. In those circumstances the employees also transfer and making them redundant would be an automatically unfair dismissal.

 

[Toyoutome]

TUPE stands for Transfer of Undertaking ..........

In this case it sounds as if there is an undertaking being transferred - your stock, your machinery, your premises, presumably your client list. In those circumstances the employees also transfer and making them redundant would be an automatically unfair dismissal.

Hi cyndy , thankyou for your reply, I have got a solicitor looking at it for me , they are only renting the premises and not buying the business as such , so does that make any difference, Also iam I allowed to give a customer / client list or does that breach gdpr ?

Many thanks for your time

Kind regards

 

[Newchodge]

Hi cyndy , thankyou for your reply, I have got a solicitor looking at it for me , they are only renting the premises and not buying the business as such , so does that make any difference, Also iam I allowed to give a customer / client list or does that breach gdpr ?

Many thanks for your time

Kind regards

It doesn't matter who owns the premises. I don't understand what you mean by not buying the business as such?

GDPR covers personal information, noy business information. So if your clients are businesses it should not be a problem.

 

[dylanmarlais]

GDPR. If living individuals can be identified, GDPR is applicable.

 

[HFE Signs]

Why don’t you sell the business as a whole, if it’s a Ltd company you sell your shares and pay just 10% tax