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Legality of Transferring Employees Between Separate LLPs

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  • Legality of Transferring Employees Between Separate LLPs

    UK employment law experts, I need some help on this one. I would really like a definitive answer on this query as I need to be certain that my stance on this matter is either correct or not correct.

    I work for an LLP, that is owned by a Limited company. This Limited company (alongside another separate Limited company) holds many other LLPs.

    As far as my knowledge on these matters goes, these LLPs are run as separate entities and the only link between them is that they are owned one of these two holding companies, and the link between the LLP and the holding company is relatively tenuous.

    I have been told by a Regional Director that we can transfer employees between these separate LLP entities because each LLP is owned by one of two holding companies.

    But every separate LLP has their own contracts, payroll, terms and conditions of employment, etc

    I have stated that transferring staff is not possible because each LLP is a separate entity, a Regional Director has been told me that they are actively transferring employees across these businesses and that I am being instructed to do the same.

    If anyone can shed any light on the legalities of this matter, it would be gratefully received.
    Tags: None

  • #2
    Celestine ULA Thank you for your enquiry. I understand your concern but as this involves contracts it is wise to seek legal advice. As the employer does not change the issue as to moving employees within the organisation (even regarding LLP's) is not huge. If you do reject a TUPE transfer and do not want to transfer to the new employer, unfortunately you would usually have no rights to claim: redundancy pay. unfair dismissal.
    I am a law student undertaking work experience on the LegalBeagles forum. My advice is from my own experience only and is given without liability. If in any doubt, please contact a regulated and insured legal professional to seek further advice.

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