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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49833
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My nursing home which is part of a large UK company has been

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My nursing home which is part of a large UK company has been sold to a competitor. I do not want to move to the new company, can I request a transfer to a similar position within the company I already work for and with whom I wish to stay, or am I 'sold' with the home?
Hello, my name is***** am a qualified solicitor and it is my pleasure to assist you with your question today.firstly can you tell me how long you have been employed there please.
Customer: replied 2 years ago.
Hi Ben, I commenced employment in 28.07.14 however, I originally worked for the same company from 1993 until 2013 then left to take up employment with another provider. This did not work out and is one reason I dont want to leave the complany again, I have been with them too long to try and get used to another healthcare provider.
Thank you for your response. I will review the relevant information and will get back to you as soon as possible. Please do not respond to this message as it will just push your question to the back of the queue and you may experience delays.
Many thanks for your patience. Your employer has no choice over whether you transfer or not – this is determined by law and the transfer would be automatic. However, you cannot be forced to move and if you wanted to you could ‘opt out’ of the transfer, where your employment will terminate on the day of the transfer. If the current employer wishes to offer you a job and keep you on is up to them – they do not have to, but if they are happy to do so and there is a vacancy available, you could arrange it with them that they re-employ you once the transfer takes place.
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
Customer: replied 2 years ago.
Hi Ben, Thank you very much for your response. Just a couple more small points. Could my current employers make me reapply and start from scratch for example go through the entire selection and recruitment process? Or is it really up to their discretion to let me take up one of 2 vacancies which I know they have in my region and at my grade after I have opted out of the transfer?. Recruitment is suspended within the company at the moment so could they be seen as actly illegally if I opted out of the transfer, and was then slotted in elsewhere?
They can start from scratch if they really wanted to - as far as they are concerned your employment with them terminates on the date of the transfer. They would not be acting illegally if they slot you in even if recruitment is suspended but they will have to give priority to any employees who may be at risk of redundancy
If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
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