| Commentary

(b) Objecting to the transfer

| Commentary

(b)     Objecting to the transfer

The interaction between TUPE and restrictive covenants also needs to be considered in circumstances where an employee of the transferor objects to the transfer (pursuant to reg 4 of the Regulations). The effect of objecting to the transfer is that the individual's contract of employment with the transferor will terminate at the date of the transfer. The individual's contract of employment will not transfer to the transferee and, as such, the transferee will not be in a position to enforce any restrictive covenants. Following the transfer, the transferor may well no longer have a

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