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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47417
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I am due to TUPE transfer 01/09/16 and finish with current

Resolved Question:

I am due to TUPE transfer 01/09/16 and finish with current employer 31/08/16. My new employer requires me to attend training for my current job role. This training is to take place 25/26 August 2016 whilst I am still employed by my current employer who has refused to let me attend this training. Can he do this?
Submitted: 11 months ago.
Category: Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. Have they said what will happen if you were to attend, or have the new employers said what will happen if you fail to do attend?

Customer: replied 11 months ago.
No we have not been officially told we cant go but that is the way my current company operates. The new company would be fine as they know what my current company is like. I actually tuped from my new employer to current employer back in 2012.
Expert:  Ben Jones replied 11 months ago.

Ok thanks, ***** ***** employer can potentially refuse to allow you to attend the training required by the new employer. That is because you are still employed by them at this time and they have the right to decide how you spend your working time. They are paying you for this time so they have control over what you do. Morally they would be expected to allow you to attend as you are transferring shortly but legally they do not have to. So it may be best to try and resolve this with the new employer can just make it clear that you are not allowed to leave to do the training and they should be understanding because they cannot really force you to attend if you are not yet working for them.

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