When does TUPE apply/ changing contracts - Feedback - Community Feedback

2 When does TUPE apply/ changing contracts

Dawn | 0 Posts

5 Jun, 2019 20:39

Hello all

There is some excellent advice on here. This is my first time posting and i’m hoping you can help.

We acquired the full shareholding in a business a few months ago. The company are still trading under their own identity and there are no immediate plans to absorb the brand into the main one.

I was looking to issue new contracts as theirs are 99% the same as ours and I would look to honour the T&C’s of previously TUPE’d employees.

my questions are:

Am I just making work for myself by issuing new contracts, when they are so similar. Is there a reason here why I would need to issue new ones?

Is this a TUPE transfer as they are still trading under their brand and have a separate P&L etc. And if it isn’t what should the contract situation be - can we issue new or should we just retain existing?

Thanks for your help.

Dawn

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Keith | 0 Posts

5 Jun, 2019 21:47

If you have bought the shares in the other company and they are still trading and still a separate company and employer then there is no TUPE. No need to issue contracts or do much at all.

If you have moved their employer to your own company then TUPE might have applied. But there is no real reason to issue new contacts. Indeed specific significant changes are precluded.
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Dawn | 0 Posts

6 Jun, 2019 15:03

In reply to Keith:
Thank you Keith. That's about where I had got with the research I'd done, but it's good to have a second opinion.
Much appreciated.
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