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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48208
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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After a TUPE transfer the new employer has approached an employee

Resolved Question:

After a TUPE transfer the new employer has approached an employee who was part of the tUPE process to discuss opportunities - what can the current employer do please
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What are you hoping to achieve?
Customer: replied 1 year ago.
we have recently transferred a business and team under TUPE. w ehave now found out that 2 of team who stayed with us and didn't transfer under TUPE have been approached by the new company - 1 has been offered a position with them and the other one is in initial talk s - is there anything we can do please
Expert:  Ben Jones replied 1 year ago.
Hello, sorry for the delay in replying, my laptop decided to crash and I have not had any means to get back on the site until a replacement came in today. Can you please let me know why they did not transfer to the new employer under the TUPE transfer?
Customer: replied 1 year ago.
HELLO - 1 of the ee's was split between that site and another and didnt transfer. the other is an area manager who had responsibility fo rthat site and others
Expert:  Ben Jones replied 1 year ago.
Really this is not illegal in any way. It is like headhunting – any company is free to approach employees of another and try to offer them an opportunity to move – it is a free business world so to speak. The employees could be tempted to move or they could decide that their current arrangement is better and stay. You could decide to offer them an improved deal to stay if you really wanted to keep them. But the initial act by the other company of contacting them is not unlawful – I can see how you would be upset by it, but you are also free to do the same with any one you wanted to, it is allowed, even if it may be morally wrong. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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