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A TUPE question.

(7 Posts)
bronya Sun 09-Aug-15 16:48:44

The scenario is this: the shop is part of a small chain, the chain pulls out of that town and the shop manager takes over the lease in his own name (so own company and no longer employee of original company). The staff are covered by TUPE but what about the manager?

flowery Sun 09-Aug-15 17:05:19

I would expect him to be an employee of the new company, just as the rest of the staff are.

Who are you in this scenario?

bronya Sun 09-Aug-15 19:22:21

Manager's wife lol. Does he need to hand in his notice to the original company?

Lunastarfish Sun 09-Aug-15 19:26:23

Why would TUPE be relevant in this situation? The manager is now the owner. They may be an employeeemployee of the new business, they may not, but why would they still want to be under the same terms and conditions as the previous company??

My usual answer to employment issues, and especially TUPE, is contact a solicitor.

flowery Sun 09-Aug-15 20:01:33

What lunastarfish said. If your husband is taking over a shop and staff in a TUPE situation he needs to seek professional real life advice about his obligations and liabilities, not get you to ask on here.

bronya Sun 09-Aug-15 22:01:13

We are awaiting answers from the solicitor. I was asking for my own curiosity.

OllyBJolly Mon 10-Aug-15 12:25:15

It's a bit of a circular question.

If your husband is an employee of the company then yes, he is covered by TUPE. However, if he is to raise a claim under TUPE he would be raising it against himself as the employer.

I do hope he took legal advice on his obligations as an employer in a TUPE situation.

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