Help needed with a TUPE transfer

Looking for some help with a difficult TUPE transfer we are dealing with.  We have been informed of a number of sub contractors who have employees who may be entitled to transfer under TUPE. We are trying to identfy who are classed as workers and therefore who is eligable to transfer under TUPE.

The workers identified within the contract are 

1. Owners of small business     2. Partners     3. Managers      4. Self employed      5. Sub contrators 

The percentage invovement of each employee is between 0 and 100%.

Can anyone advise which of these workers would be considered to be entitled to transefer into our business.

Give Sam a shout http://www.4networking.biz/Members/Details/27858 she may be able to help you out or point you in the right direction.

Thanks Glenn, will do

Cheers Glenn for recommend

Hi Emma - be glad to help if I can

It could just be because it is late on Fiday evening but I don't really understand the situation as you have laid it out - shall we talk next week or if it is urgent I am working this evening if you wanna call.

sent some docs that should give you the answers

Thanks for all your help, yet again Sam! Much appreciated!!

Hi Sam.  Not sure if you have resolved this, but I suspect that you need to see an employment solicitor to advise as to whether there are employees assigned to the transferring part.  It is a very complicated area of law and I would not advise simply relying on guidance notes as these will inevitably fail to focus on the issues that will be pertinent to your particular business.  I am not in your area, but could assist in certain circumstances.  Please call me if you have any queries.

Kind regards

Deborah Driscoll
Managing Solicitor
Driscoll Solicitors

26 Kings Hill Avenue, Kings Hill, West Malling, Maidstone, Kent, ME19 4AE.
Tel:  01732 424149.  Fax: 01732 424001.  Web: www.driscollsolicitors.com.

Driscoll Solicitors is regulated by the Solicitors Regulation Authority.
Roll number 566754.
Deborah Driscoll is a solicitor of England and Wales.
The Solicitors Regulation Authority website is at
www.sra.org.uk/solicitors/code-of-conduct.page.
Important Note: This email is confidential, it must not be read, copied,
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Echo what Deborah has said, it's a minefield, been there, fuc*ed up and paid the price.

Kev

Hi Deborah

Emma & her mum have an HR Consultancy business & are advising a client on these matters so I am sure they have advised involving a solicitor. I agree - TUPE is a nightmare without proper legal advice even if you work in HR full time like we do.

What I've sent over is just some guidelines on the practicalities of the questions to ask / the info to ask for as part of the due diligence process which is a helpful checklist for that part of the process.

Hi Sam.

I agree that a checklist as part of due diligence is very helpful.  I hope it has now all been resolved.  I have been doing TUPE cases for many years now and, believe, me, even employment lawyers can be perplexed by the sheer amount of case law surrounding this subject!

Kind regards

Deborah Driscoll
Managing Solicitor
Driscoll Solicitors

26 Kings Hill Avenue, Kings Hill, West Malling, Maidstone, Kent, ME19 4AE.
Tel:  01732 424149.  Fax: 01732 424001.  Web: www.driscollsolicitors.com.

Driscoll Solicitors is regulated by the Solicitors Regulation Authority.
Roll number 566754.
Deborah Driscoll is a solicitor of England and Wales.
The Solicitors Regulation Authority website is at
www.sra.org.uk/solicitors/code-of-conduct.page.
Important Note: This email is confidential, it must not be read, copied,
disclosed or used by any person other than the above named addressee/s.
Unauthorised use, disclosure or copying is strictly prohibited and may be
unlawful. Service cannot be effected on us by e mail.

Kind regards

Deborah Driscoll
Managing Solicitor
Driscoll Solicitors

26 Kings Hill Avenue, Kings Hill, West Malling, Maidstone, Kent, ME19 4AE.
Tel:  01732 424149.  Fax: 01732 424001.  Web: www.driscollsolicitors.com.

Driscoll Solicitors is regulated by the Solicitors Regulation Authority.
Roll number 566754.
Deborah Driscoll is a solicitor of England and Wales.
The Solicitors Regulation Authority website is at
www.sra.org.uk/solicitors/code-of-conduct.page.
Important Note: This email is confidential, it must not be read, copied,
disclosed or used by any person other than the above named addressee/s.
Unauthorised use, disclosure or copying is strictly prohibited and may be
unlawful. Service cannot be effected on us by e mail.

and it only ever seems to get worse!

We often involve a solicitor if we look after TUPE for a client - you guys do the legal stuff & we implement the practicalities :-)