Hi, any help/advice most appreciated:
I work for a UK company, which is owned equally by two shareholders. The same two shareholders own a similar international business. The two businesses are completely separate entities and not part of the same group or anything, and the only commonality from a structure perspective is that they currently have the same shareholders.
Recently, one of the shareholders (shareholder A) is looking to buy-out the other shareholder (Shareholder B) within the UK business, and part of the deal is that the ‘Shareholder A’ relinquishes his shares in the international business.
As part of the deal, ‘Shareholder A’ wants to transfer my contract of employment from the UK business to the international business, and they have mentioned TUPE for this…
My question is whether this is actually possible/legal, on the basis that there is not a service being transferred, and essentially what they are doing is selling me (albeit my contract of employment), and using that as a sweetener?
Any advice welcome.
Yooj
Employment Contract Sale as part of a Business Transfer
- 13-08-09, 11:03 AM #1Yooj
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Employment Contract Sale as part of a Business Transfer
- 14-08-09, 11:21 AM #2Yooj
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Anyone have an opiniokn of this? Hi, the silence is deafening on this...
To add some further clarity on this as I have been thinking about my situation overnight...
I think that the UK company that I work for is looking to use TUPE to sidestep redundancy. I say this because all they are doing is buying out one of the shareholders of the UK business, and as part of the deal, they are effectively tossing in my contract of employment as part of the deal.
Surely this cannot be right and just can it?
Thanks,
Yooj
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