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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.
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