I have not asked them yet
thank you, Tina
There are a couple of ways in which you can get to keep the employees (or for them to stay with you if that is their preference). One is to show that TUPE did not actually apply to the specific circumstances and that the employees would not be covered by it. However that may be unlikely if such a big proportion of their work is being taken over by the new employer and you are looking at a rather complex and technical argument to find a way around that.
The other is for the employees to object to the transfer and opt out. This means that they are refusing to take up their rights under TUPE and do not wish to transfer to the new employer. It would then be deemed that their contract is terminated at the date of the transfer and they would not have to take u a job with the new employer. Usually, if the previous employer does not want to keep them on either then it means they would be left with no job but if you are happy to keep them on then you may offer them re-employment on their existing terms as soon as their contract ends (i.e. on the date of the transfer). As there was no dismissal, nor a break of a week or more, there would be no cessation of their continuous employment and they can remain working with you, keeping their continuous service and associated rights. But the key is to ensure that you have offered them their job back and they have started working for you again on the date they should have transferred to the new employer.
I hope this clarifies your position? If you could please quickly let me know that would be great, as it is important for us to keep track of customer satisfaction. Thank you
Excellent, many thanks.
you are welcome