HR Tip: Transfer of undertakings

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These questions are being answered by Learn HR, a market leader in the provision of HR and payroll training and nationally-recognised professional qualifications.

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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