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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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In 2013 I was subject to TUPE from a hospital IT to the company

Resolved Question:

In 2013 I was subject to TUPE from a hospital IT to the company running the core IT, I have accepted voluntary redundancy and leave the company at 30th September. Since this the hospital has approached me to see if I would consider working with them in IT, but different type of role to I was TUPE for. I can find nothing restricting this in my exit agreement, would I be in any legal breach ?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. Has the employer said that this is a potential issue?
Customer: replied 2 years ago.
Hi, the current employer hasn't said it directly, the account manager had made veiled remarks about me being in a comprimised position and i would lose my redundnacy payment.
Expert:  Ben Jones replied 2 years ago.
I don’t see how you would lose your redundancy as a result of this. If you have been made redundant, regardless of whether it was through compulsory or voluntary redundancy, your employment terminates and you are then free to go on and do whatever you want. You can generally work for whoever you want on any position you would like. If the employer that is making you redundant wants to place some restrictions on your future activities, such as preventing you from working for a competitor or poaching clients, etc then they must draft a proper restrictive covenant and include it in your contract. You have said that there are no restrictions in yours so the employer cannot prevent you working for another company, even if that is who they took the services from or they are acting in competition with. What you propose to do is not illegal in any way and in the absence of a formal restrictive covenant prohibiting that, you are free to work for that employer. If the current one refuses to pay you the redundancy you were due then you can make a claim for that in the employment tribunal. I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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