TUPE, do I have a good case to refuse transfer and am I even covered?

ad84

Thanks for all the info. Yes I am fully aware that I can resign but I don’t want to do that. I wasn't planning on resigning soon so the fact that a customer has ended its contract with our company shouldn't be (in my eyes) a reason for a massive change in my employment. Whether that means resigning or having to do a job that I don’t want to do. So if the situation is forced, I feel that I should at least be given redundancy money.

I think the attitude towards my situation will be reasonably good on my company’s part so I will try to come to some arrangement/deal with them. They may want to keep me anyway but I wanted to know what my rights were with regards to refusing to move companies. I believe I have quite a strong argument that the 2 jobs are vastly different and so should be able to avoid moving.

Jarndyce

OP - its not so much that you can resign, but that you could be deemed to have resigned if you refuse to transfer without ascertaining the original employer's position. Otherwise you are not in a position to choose betwen resignation and redundancy.

Talking and looking at mutually acceptable solutions has to be the way forward, but don't assume that if X doesn't happen then Y will.

getmore4less

Convince the potential new employer they don't want you on the list of people transfering.

How many others are working for the company and what % of their time.

Are there enough full time equivilents to cover the customers requirements without you.

ad84

Thanks, yeah I will definitely find out what both companies intentions are before stating my own. After all, the new company may even make me an offer I can’t refuse. It’s very unlikely but still a possibility.

Another outcome could be that the new company doesn’t want to take me on. In which case staying put or being made redundant I assume are the only other possibilities.

And something else I was thinking about, which I think you covered in your first reply Jarndyce, is that I could argue that I am not even covered by TUPE making the offer from the new company just an outside offer that I can refuse without the risk of being deemed to have resigned. Is this possible? I say this because I’m not dedicated to the new company in my current role so they don’t legally have to offer to take me on.

ad84

getmore4less wrote: »

Convince the potential new employer they don't want you on the list of people transfering.

How many others are working for the company and what % of their time.

Are there enough full time equivilents to cover the customers requirements without you.

this is a good idea but at this stage I dont want to rule anything out. The new company may even need my services within a different more technical role and for a pay increase so I dont want to burn that bridge just yet.

ad84

Thanks again for all the info, it turns out that my company wanted to keep me and I was deemed to be outside of the scope of Tupe because only a fraction of my work is for the new company