Employer change - TUPE - get out of contract.

jazzyb123_2

Hello,
I am incredibly unhappy in my job - I know I should be lucky to be working, but this just makes me feel worse.

I wish to leave; my contract says I must give 30 days notice for resignation. However, my department is about to be sold onto another company who will be taking on all the employees contracts without any changes (apart from insurance providers). This is all taking part under transfer of undertakings protection of employment regulations 2006.

This all takes affect on the 1st of April. I was wondering if I could take advantage the situation to give less notice, and just not chose to re-new my contract with the new company come 1st April.

After having a google-around. I think I have “The ‘Right’ to Object Transfer of Employment under TUPE” [REF1]

“Employees employed in the ‘organised grouping’ immediately before the transfer automatically become employees of the new employer. However, an employee has the right to object to the automatic transfer of their contract of employment if he so wishes, as long as they inform either the transferor or the new employer that he objects to the transfer of this contract to the transferee. In that case, the objection terminates the contract of employment and the employee is not treated for any purpose as having been dismissed by either the transferor or the new employer. Moreover, the employee is considered to have resigned and therefore not be entitled to a redundancy payment. The transferor may re-engage with the employee on whatever terms they agree, though the continuity of employment will be broken.” [REF2 - Page 11]

Is this correct? So as long as I tell one of the employers I do not want to transfer, then I could just get out on the 1st April. Would I have to give any notice, could I get away with 2 or 3 days before April?

REF1: ilj.oxfordjournals.org/cgi/pdf_extract/37/2/169
REF2: berr.gov.uk/files/file20761.pdf

Thank You in advance for any input.

MrsManda

I think you are right, but I'm sure someone else will come along and confirm as well. However I wondered whether you'd thought about what you are going to do when you quit? Unless you have another job lined up, why are you not willing to work the notice? Especially as presumably you will want a reference when you are applying for other positions? Also as you will be voluntarily giving up a paying job you are unlikely to be able to claim benefits.

Just things to think about if you haven't already, before taking the step to quit.

Mudd14

When were you notified of the impending transfer?

You are correct if you choose not to you do not have to TUPE across to the new company. However based on when you were informed of the transfer might have some decision on how much notice you may have to give.

jazzyb123_2

I was told by my management around mid January of the transfer. However it has only been put in writing and sent to me in a letter yesterday (15th March), the letter is dated 12th March.

I have been employed for just over one year, below the two years for any redundancy pay – so I will not lose any redundancy benefits. I have thought about this long and hard and it is what I want to do.

getmore4less

I would bring it up with them now that it's official that you dont want to transfer.

See if they try to persuade you or say you have to.

Then bring out the relevent point in the legislastion if they can't make a decent offer to get you to stay, different job, ore pay etc.

Best to be seen to be going on as positive note as you can you never know where you will be working in the future or with who.

Leaving it to the last minute will not normaly go down well.


Research the new employer they may have good opportunities.

Going4TheDream

I would imagine if you do leave that you probably would have a problem claiming any beneifts as you would be considered to have resigned. As you have nothing to lose why not try the new employer out for a while, often a change under Tupe brings changes and they may turn out to be positive ones, it will also give you change to look for another job whilst still earning.

paulofessex

jazzyb123 wrote: »

as long as they inform either the transferor or the new employer that he objects to the transfer of this contract to the transferee

I am wondering if someone like ACAS can clarifiy for you when you have to notify the new employer i.e. can you notify them on the 2nd April. The reason for this is so you can explain that were not happy in the job, haven't been for some time and they may be willing to discuss a change in your role. HOWEVER......it may be the case that the new employer would have preferred to make cuts in staffing levels when taking over but they were not able to due to legal issues when taking over a company, so your approach may be welcomed with open arms.

I wish you all the best in what ever you decide. Just think about any long term possibe complications by leaving the employment at this time

jazzyb123_2

I decided to see how things go under the new company. I know it is still early, but things have not changed and appear not to change for me in the foreseeable future. I have spoken to management about a change to my job role – but was told I was too good at what I do and so they did not want to move me.

I have recently received a letter with an “update in terms of your Contract of Employment”. The only significant change is the addition of a “Mobility Clause”. The probability of moving in the next 18 months is slim, however I was wondering if I could use this change as a get-out-quick. If I refuse the update to my contract of employment, will I have to provide any notice?

Also is it too late to get out using the TUPE route? The Transfer took place on the 1st April, but I believe the new company was not even registered in companies’ house by that stage. Could this be another get-out-quick clause?

Thanks for your help and all you input so far...

mountainofdebt

Years back when I was transferred under TUPE I had to sign a contract with my new employers. When my manager was asked what would be the implications of not signing, we were told that effectively we wouldn't have a job.

tbh I would see if the move (and by that I assume that you mean the location of the office moves) materalises. 18 months after the transfer, it was announced that the office I worked in was relocating and as I didn't want to relocate, I was made redundant.

RedSoleShoes

It is not clear why you need to "get out quick" and considering you have been feeling this for nearly two months (since your original post) that is more than the required notice anyway?!

Are you concerned you are going to be treated badly during your notice period maybe??

Is it the job that is so bad or your company??