Furlough for Tupe employees

Client took over existing business but under new company and new paye reference

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Basic scenario

Client took on a new unit at beginning of november 2020, using a new limited company.

All existing staff transferred onto his new pay reference etc as employees of new company, but under Tupe, all terms, conditions place of work etc were exactyl the same as before

There is a potential that thanks to new covid restrictions this business will need to close 

Is furlough possible - all of the staff were not on his paye scheme before the end end of october RTI cut off?

Thanks in advance

 

Replies (3)

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Kitten
By Hazel Accounts
08th Jan 2021 14:36

You can furlough TUPE employees, assuming they would meet the criteria if it was a continous employment. I have done this (for one person - in the summer), but I had to phone HMRC and do it by phone - the automated online filing will reject them.

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By NYB
08th Jan 2021 15:55

Worked fine for my son in simiar circs (once he had ticked the TUPE box for each employee on set up which he initially didnt). That should be done when setting up the new payroll so HMRC are aware it is TUPE. This came to light when he tried to make a claim and it told him he wasnt eligible.

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