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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 78245
Experience:  Qualified Solicitor
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A potential employee’s previous employer had taken them on

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A potential employee’s previous employer had taken them on under TUPE regs, after buying the business and taking on the good will. We are a different business and want to take on the individual under a new contract. Can we do that?
JA: Where is the employer? It matters because laws vary by location.
Customer: England.
JA: What steps has the employer taken so far?
Customer: Interview completed and informal chat, nothing more.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No, thank you.
Hello, I’m Ben, a solicitor, and it’s my pleasure to assist you. I may ask for some preliminary information to help me determine the legal position.

Are you buying part of the business, or are the services which the employee provides being transferred over to you as a new service provider?

Hello, I was wondering if you have had a chance to consider my initial query above please? I will need your response before I provide an accurate answer to your situation. Thank you and I look forward to hearing from you.

Customer: replied 16 days ago.
Thank you. No, the business was bought by another business. They TUPE’d an existing employee that we would like to take on under a new contract. We are a different business to the one that bought the business.

Thank you. So is this just an independent recruitment, which has nothing to do with their existing employer and there is nothing you will be doing as far as that employer’s business is concerned?

Customer: replied 16 days ago.
Thank you. The present employer may become our landlord, as we may rent property from him, but no other association.

Thank you very much for clarifying. There is nothing stopping you from taking on the employee under a new contract as long as this is a standalone recruitment exercise, which is not linked to a TUPE transfer itself, This would happen if you were either buying the business for which they work, or you start providing the services which they provide, so they transfer over to you under a service provision change.

However, if none of the above apply and you are simply recruiting them separately, then you can do so on whatever terms you want and their previous TUPE transfers would have no impact on your actions.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 16 days ago.
Hello Ben, yes this does answer and I am very grateful.

You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best.

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