Are we liable to pay their wages?

Answered 8 Nov 2008 by c.cattell

We had a nextstep IAG contract and employed two employees to deliver the contract. This contract has now gone to another company called BXL. They have said that this is a TUPE issue and we can transfer the employees over. The contract went over to them on 01/08/08. Their contract was delayed by the LSC and they have not taken on the TUPE employees until now.

Our point of contention is that we have had to pay the TUPE employees up until now and can we claim for the salaries paid to them from 01/08/08 until 01/11/08. BXL have said on their legal advice, we can't. Can you please advise us.



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Charlie Cattell is a specialist in legal and governance matters relating to social enterprises, charities and voluntary organisations, assisting a wide range of groups with legal structures, organisational management, and regulatory issues.