Sole Director / Shareholder passed away

deborahcarpenter

Hi All,
One of my clients, a Sole Director and Shareholder of a Ltd company has passed away. Her next of kin is her 9 year old son.
She left no will. My question is, what happens with the payroll now, another company has now taken over the running of the Nursery under a new name and taken over the lease of the building but the staff are still employed by my clients company. The new company want to pay the staff but for me to pass on the YTD figures surely I would need to issue P45's. IS there any ground for the staff to claim redundancy from my clients company?, if so then I dont think i can issue P45's at this stage. This is a new one on me, any help greatly appreciated.
Debbie

Gem7321

You're probably best speaking to a solicitor who specialises in employment law. Alternatively you could call ACAS.

burg

It seems as though a transfer of going concern. In which case the employees should just pass over under TUPE. So same terms and conditions just contract with the new employer.

MarieNoelle

I agree with @burg but although I have no practical experience of this I think the TUPE regulations are not straightforward and would also follow @Gem7321 's advice to get expert advice.
Some info can be found here (HMRC website).
I hope this helps :-)

deborahcarpenter

Thanks for your comments. I have sought advice from a local solicitor.