Is there a formula that you can offer employees money to avoid tribunal referral?

Hi, new to the forum.

I am a lone 'shedworker' looking at a competitor that has several employees and in trouble and is heading downwards quickly. I if bought the 'goodwill and customers' of the company, but not the company itself, i think i don't think think this necessarily avoids tupe comeback as effectively the same work will be being done, but by myself, my kids, randomers all piling in to help as and when.

If i am to 'price up' this company, is there a formula that one can adopt to offer employees a sufficiently fair redundancy package that it fends off any unfair dismissal claims? Eg Statutory redundancy plus 20%, plus 40%? Being so small and marginal myself, i don't mind paying over the odds both to be fair, and to avoid uncertainty, uncertainty could sink me!

It may be worth saying that as i work from my shed, the reality is that i cannot employ anyone conventionally, without taking on premises, which would make the business non-viable.

thanks

There is no such formula. If you intend to consdier this you need to take legal advice on any inherited legal obligations which may arise under a possible TUPE.

thanks. So its not like a court case then, where the respondent can pay in a certain amount as what they see as a fair settlement, if the case goes all the way and the judge awards less than that, then the applicant gets clobbered for all the costs? Surely it must be the case that a tribunal will not accept any claim where the claimant has already been offered as much as the tribunal would award in any case (and there surely must be some sort of tariff for that)?

If not, no wonder the tribunal system seems a mess!

It may be your opinion that the tribunal system is in a mess. If there are a lot of cases pending that is because employers try to cut corners on employment legilsation and fail to take appropriate legal advice before they do things. I have already told you that tribunals do not operate the way that you think they do (and nor do most courts - you must have been in some interesting courts). The tribunal has no interest in what you have offered - they will, if you break the law, make their own judgement about what the basic and comspensatory awards will be. Get legal advice on your intentions.