A potential employee’s previous employer had taken them on

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.

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?

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.