TUPE

TUPE

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I am in the process of buying a block of fees/office of my employer and intend to run the practice via a limited company, their HR advisor's have indicated that they believe I will be caught by TUPE, which could have implications as I intend to reduce my salary and shift to the traditional dividend/salary mix.

I was just wondering whether anyone had come across this issue before?

My intention would be to resign formally before the purchase (i.e. day before), to break the contract of employment and hopefully TUPE.

Replies (3)

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By johngroganjga
23rd Feb 2015 19:33

You don't mention taking on any employees from your current firm. So why does it matter? Surely you are not worried about taking yourself to an employment tribunal if you breach any requirements that TUPE imposes.

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By johngroganjga
23rd Feb 2015 21:27

I think you should just apply a common sense over-ride.

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By neileg
24th Feb 2015 09:47

Nothing to do with them

As a sole trader you cannot be subject to TUPE. As an employee of your own company you can immediately change the terms and conditions of your employment. This requires the agreement of the employee (you) and the employer (effectively you).

Tell the HR team that you appreciate the advice and will take the appropriate steps. Or alternatively tell them to stick their advice where the sun don't shine. Your choice.

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