I am a member of the FSB, small business help, they have their own legal team available 24 hours per day, and will also go to court to fight your battles for you, my annual premium is just £100, and this includes insurance for all your legal requirements. I have had many TUPE problems, it's such a grey area you need legal advice. If any of the existing staff have been working for the old company for over 1 yr, you will find it VERY difficult to get rid of them. Newer staff arent so much a problem.
I learned the hard way, I took on one member of staff that had been with the old company for 32 years! if I want to make her redundant, I have to pay 32 yrs worth of redundancy pay! she can't work properly through ill health, and I can't do a thing about it, I had to bring someone else in to do her job, but still pay her!
I took on a TUPE once and she had catalepsy....I wasnt told about this, they dont have to divulge this information, I had to hire another person to work alongside her so that the alarm could be raised if she had an attack, again, I had to pay 2 peoples wages for 1 persons job!
GET LEGAL ADVICE, JOIN THE FSB, YOU NEED HELP
Carolann