So, when professional advice doesn't give the answer you want, you turn to the anonymous internet?my solicitor and his solicitor say
You're taking over the lease, continuing the same business, and getting the goodwill. There's no way around TUPE - it's clearly a continuation of the same business.I want to transition the business seamlessly ... due to the nature and current reputation of the business.
So, when professional advice doesn't give the answer you want, you turn to the anonymous internet
A few thoughts.
If the loss of your redundancy money makes the difference between your business being a success or a failure, its probably not a runner anyway.
If your old boss does not have to pay you redundancy then you should be able to negotiate the lease to reflect this. Perhaps an extended rent free period.
If you are afraid of letting unneeded staff go, then you are not cut out to run your own business.
Out of interest is the reason you need the current property because it includes machinery not so easy to move,
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