what_to_do
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- 8
Good suggestion; get contracts in place prior to the sale.Firstly TUPE only applies to permanent staff
If you don't have a contract, your current employer is acting illegally. I would suggest that something is put in place in advance of any sale. It might make the business more attractive to any potential bidder as they will have less HR issues to resolve
For now, you should start documenting your current T&C's and start gathering any documentation you have on things like start dates (p60's for example). However there needs to be a serious discussion with the current owner.
Note pensions are not covered under TUPE
There seems to be a lot of assuming going on here...
My assumption would be that very few businesses with 20+ employees aren't operated by a company.
I would suspect the ownership of the company, which is the actual employer, is what is changing hands. If that is the case then nothing is changing from an employment perspective.
OP, can you please clarify?
Is there any way you could sight the due diligence - t&c's should be outlined therein. I would insist upon it if the buyer.
It is more normal for a business to be sold than the company running it. Simply because when a company changes hands, the new owner automatically acquires all the contingent liabilities attaching to it, eg risks arising from historic compensation claims or tax irregularities.
But you're right - its difficult to comment definitively here in the absence of full information (which the OP may not even have at this point).
I cant because we've not been told.
Deals like this often fall through, the more people that know, the more likely it is someone or something will scupper the deal.
True, but we're within the 28 day notice period required by TUPE and we've still not been told anything.
Which implies it's not the business that's being sold, but the company itself - no transfer of undertaking then.
Nobody is going to buy a company without knowing what the redundancy liability is.
In the absence of a contract the employees effectively have the maximum protections allowed in law.
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