We are a Group of Companies one of which may be sold. Some of the core functions are carried out at Group level.

Whilst it is accepted by both parties that, should the sale go ahead, those employees directly employed by the Company in question will transfer to the new employer under TUPE what about those who work for ‘Group’ but who spend a substantial amount of their time carrying out tasks for the subsidiary Company which may be sold?

In particular this would be some members of the accounts department who spend anything between 75-95% of their time for this one subsidiary. Should the sale go ahead then there would be insufficient Group work to retain all such staff (although there will be enough to keep 1 or 2) and a redundancy situation will arise.

Should any of these staff be transferred under TUPE? What are the consequences if they are not and shortly after the sale of the subsidiary their employment is terminated due to redundancy?

Any advise would be appreciated.

Thank you
Sue Martin