We have decided to wind up our business due to economic circumstance. We have given our employees notice. Since dismissal, one employee has expressed an interest in the business. They have said they need their redundancy payment to be able to do it and do not want to take on all the employees as it wouldn't be viable. Therefore, how can the transaction take place without Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) applying?
Does TUPE apply if an employee following notice of dismissal: i) seeks out a lease on employers property (that has become available to let following notice of closure) through fair play and chooses to freely establish same business OR Is employer required to reject offer in order for upkeep TUPE obligations? And What if former employer (company) is separate from property (same directors)?). Can we legally reject?
2) Does TUPE apply if the employees have been given notice of dismissal and transfer of undertakings arises after notice of dismissal. i.e. Does dismissal notice and eligibility to redundancy become void and reversed if undertaking opportunity arises in aftermath of dismissal notice for valid economic reasons and not for the purposes of employer obligation avoidance. If yes, notice type required for employees for change of circumstance since dismissal notice i.e. TUPE?
3) What is the length of time required following dismissal or business wind up / closure before TUPE obligations pass for new business with same identity.