The Company I work for bought another business and transferrd all of its employees into our Company under the TUPE regulations.

We received today a letter from an ex-employee of the previous company claiming redundancy pay, pay in lieu of notice and accrued holiday pay.

When we were given all the staff details we were told this person only worked when she was on holiday from college/university and this was on a casual basis. The company decided that this summer there was no work available so did not retain her services. We have not actually employed or used her.

This employee started work for the previous company in 2002 and is over the age of 20.

I suspect the previous owner will attempt to pass the buck to us on this one!

My question is can she claim for these payments and if yes how is the best way to calculate out a payment if she only worked when she was not at college, and we do not have previous payroll records?


Alex Grundy