Opt-out of TUPE = effectively resigning question:

Purchaseruk

My work contract is being tuped over to an external company.
We have been given the deadline of 31st Dec to agree to the transfer of contract or to opt-out - thus effectively resigning.
Question is, if I opt out - am I still entitled to a final months notice (which is what I'm contractually required to give if I resign) & being paid that final months pay (at the end of Jan)?
I am being given the run around by both my current employer's HR dept & the new contracting company's representatives, with no one having a definitive answer

discountshoppers

I would suggest you go onto ACAS website and see what they say, if not they have a helpline and they will definitely be able to answer

CFC

As you are resigning you will not be entitled to notice pay from your employer, if that is your question.

Purchaseruk

Thanks, I'll give the ACAS phone number a call & see what they can tell me.
It wasn't my understanding that if you didn't tupe over that your employment literally ended there & then. You are technically resigning. I would've thought you'd still need to work out your period of notice - be it a month or whatever & if they didn't want you in the workplace then they would ask for garden leave to be taken....
It's also the responsibilty of the new employer to take over the outgoing's rights & obligations.

CFC

Ah I understand your point now PurchaseUK - although they take over the outgoing's rights and obligations, I cannot see how they can have an obligation to you if you have refused to transfer over; but I do not know for certain.

Not to mention that if there is indeed a notice period they may require you to work it?

Kimitatsu

This may answer your question:

http://www.berr.gov.uk/files/file20761.pdf page 15.