HR Tip: Transfer of undertakings

HRD & Payroll Solutions continues to bring HR Zone members a range of HR and payroll tips in 2007. A market leader in the provision of HR and Payroll training and nationally recognised professional qualifications, HRD & Payroll Solutions are highly experienced in teaching about common HR and payroll problems. A wide selection of tips, tricks and guidance can be seen below. HR Zone highly recommends that any tips are taken as a starting point for guidance only.

Question:"We are transferring a function out to a contractor but one of the employees affected does not wish to transfer. We have no job we can offer him. How do we stand?"
HR Tip:
The purpose of TUPE is to ensure that there is no break in an employee's service in the event of a business transfer. The employee therefore has two options – move to the contractor or leave. If he chooses to leave, there will be no dismissal. It is tantamount to a resignation, though technically his employment will be brought to an end by effect of the transfer. I suggest that you talk to the employee, determine what the real problem is, and try to have him accept continued employment with the contractor.

Previous HR and Payroll tips:
September 2007
Discovering past misdemeanours
Restrictive covenants
August 2007
Helping redundant employees
Giving notice
Redundancy consultation
Offers subject to references
Compromise agreement
July 2007
Garden leave
Drunk employee
Resignation in face of discipline
Personality problem
June 2007
Searching employees
Companion in disciplinary hearings
Dependents' leave
The right to privacy
May 2007
Confidential information
Sex discrimination
Fixed term contracts
Return from maternity leave
April 2007
Sex discrimination
Deductions from wages
Custom and practice
Disclosing employees' birthdays
March 2007
Making notes in disciplinary proceedings
Discipline and the police
Analysing poor performance
Resignation in a temper
Implied terms of contract
February 2007
Issuing contracts of employment
Unfair and wrongful dismissal
Bullying boss
Persistent absentees
January 2007
Confidential witness statements
Ending a fixed term contract
2006 tips
2005 tips

HR Zone, 20-Sep-2007
Categories: Employment Law
Story read 1554

Mail this article to a friend

Printer friendly version

Add comments to this article

User comments
Add comments and share your views with other users. Please read these notes

HR Zone Feature

HR Tip: Transfer of undertakings

User comments