Leaving job - what notice period after TUPE transfer?

happyshopper

Good morning,

Quick summary of my situation: I had worked for my employer for just over 8 years when I was TUPE'd to a new employer as a result of outsourcing in October 2011. I have now decided to leave, am looking for alternative employment and am unsure as to what my notice period is.

At my previous employer it was 8 weeks due to my length of service but I haven't been given a new contract and the letters that I was given on the TUPE transfer do not mention notice. The staff handbook says to refer to your contract, which I have not been given, and I can't ask my colleagues or HR as they'll know I am thinking about leaving and I want to find another job first.

Does anybody have any knowledge or experience of this? Ideally, I'd like to just give 4 weeks but wondering how likely it is they'll hold me to 8, or whether the fact that I don't have a current contract would mean that they can't ask for more than 4.

thanks very much in advance,

hs

Sambucus_Nigra

Doesn't TUPE mean that all the terms and conditions still apply; unless you get a new contract in which all the new conditions will be detailed?

Emmzi

Sambucus_Nigra wrote: »

Doesn't TUPE mean that all the terms and conditions still apply; unless you get a new contract in which all the new conditions will be detailed?

Yes. So same notice period as before.

happyshopper

Thanks, yes it does, but as I think the new employer's standard notice period for non-TUPE'd employees is 4 weeks, am hoping that they can't hold me to 8. This may well be a vain hope. Interestingly I have just discovered that another TUPE'd colleague was made to sign a new contract, so I wonder if the fact that I haven't is an oversight.

happyshopper

Emmzi wrote: »

Yes. So same notice period as before.

OK thanks for that. Let's hope they're open to negotiation in that case.

hs

Forwandert

I tuped over to a new company in Sept by November it became apparent they didn't care for our old terms and conditions like increasing hours by anything upto 20 a week for same salary and various other problems so I resigned. They did however ensure I worked my notice from my old contract which was 5 weeks would have been one less on 'their' contract.

happyshopper

Forwandert wrote: »

I tuped over to a new company in Sept by November it became apparent they didn't care for our old terms and conditions like increasing hours by anything upto 20 a week for same salary and various other problems so I resigned. They did however ensure I worked my notice from my old contract which was 5 weeks would have been one less on 'their' contract.

Hmm..thansk Forwandert. I suspect my new employers might do the same. However, after posting my query this morning I emailed the employment helpline provided by my professional association and they have responded to say they don't think I really need to worry as ex-employers almost never sue over forshortened notice. Even if they do sue, they would have to show what losses were sustained by my breach of contract, which would be quit difficult to quantify and I can't see them being organised enough to do that anyway. They suggested that I give 4 weeks notice, which I what I think I'll do when the time comes.

Thanks all,

hs

LittleVoice

Whilst your employer would have to give you 8 weeks' notice (as notice increases by one week for each completed year of service up to 12 weeks' notice), it is not always the case the employees have to increase the notice they give.

Are you sure that your original contract did increase in the way you suggest. I'm not saying it doesn't as I have worked for a couple of employers where it increased for all staff in line with the requirement on the employer but others simply left it at one month from the employee for more junior staff but had three months for more senior grades.