Can I reject TUPE and stay with current employer

jrgriffin

My employer has agreed to sell a part of the business to another company and specific employees have been offered TUPE into the new company.

My question is, if an employee decides that they don't want to move to the new company as there is a suspicion that within a very short space of time, they will be made redundant on statutory terms, what legal re-address with the current employer do they have to try to get them to re-deploy them with the current organisation or failing that, make them redundant on potentially much better terms or is it a case that if the employee rejects TUPE then they are effectively resigning voluntarily.

Spirit_2

TUPE applies by operation of law so you cannot reject it.Your terms and conditions transfer with you, so if made redundant will 'enjoy' the better terms of your present contract unless you choose to take an alternative contract.

Pete111

Spirit is correct - you should get similar redundancy terms if you Tupe and the new firm make you redundant shortly after

However, if you refuse to Tupe it could be considered a resignation. (unless, the original company agrees to make you redundant)

If you are looking for maximum cash but fear you will be made redundant either way, the best bet is to Tupe across and take a short period of work (and therefore more money) with the new company before they make you redundant

getmore4less

AIUI if you are part of the business that is transfering you have to go.

If you were move recently then you could argue they did that deliberately.

In a company I worksed for those "in the know" change jobs tomake sure they were in the good bit and most made £300k+ with share options.

If the current company has good redundancy terms start to collect the evidence you will need this if you need to fight later..

Anotherer stratagy is to get all the TUPE empoyees to start making noises that this is what they are expecting as paert of their T&C along with all the other benifits etc.
The purchaser know they will have costs that they may not have considered, they can then negotiate the price or get assurances that the old company will cover the costs(could even scupper the deal).

sagalout1954

Copy all the Policies and Procedures along with your Terms and Conditions in force at the time you TUPE. If, as you suspect, redundancies follow the staff transfers you will need them to hand to ensure the new company follow those and not their own.

I'm a TUPE person being made redundant, my current employer has to keep being reminded (by me) of exactly what they should be following - which is NOT their own, less favourable, redundancy policy.