Objecting to TUPE Transfer time limit.

danielson81

Hi,

My job is getting TUPE'D across to a new company on 1st June, the consultation process starts tomorrow (11th), and I will be made redundant a few months later due to an ETO reason no doubt. (Someone in HR has tipped me off!)

I just wondered if there a time limit to object to the transfer, and effectively resign. I have almost found another job and I have only been at my current role less than a year so I am not entitled to any redundancy etc.

Basically if I got a job on the 30th May, could I officially object to the transfer and leave on the 31st May? There are several of us getting transferred so I won't be leaving them in the lurch so to speak.

Ideally this won't happen but I am aware I might not have anything lined up for another week.

hcb42

Why do you need to object? Just put your notice in and leave

danielson81

Thanks, by putting my notice in I will have to work a months notice and transfer to a new company. By rejecting I can just leave in a shorter time period.

hcb42

your rights are protected, under TUPE. nothing changes. so just decide when you want to leave, put the notice in and move on. No need whatsoever to object to anything. In fact you might need a reference so why make it more difficult than it needs to be?

What exactly do you think you can "reject"? If the work is being TUPE'd, then it's going to be TUPE'd..

General_Grant

danielson81 wrote: »

Hi,

. . . I have only been at my current role less than a year so I am not entitled to any redundancy etc. . . .

Do you mean you have been with your current employer for less than a year?

(Statutory redundancy pay isn't about how long you have been in a particular role but how long you have been employed by the organisation.)

hcb42

its not a redundancy situation! It's a TUPE situation

OP you are massively over complicating this

KiKi

danielson81 wrote: »

Hi,
I just wondered if there a time limit to object to the transfer, and effectively resign.

No time limit, no. You can refuse to work for the new employer (by 'objecting' to the transfer), and no specific notice is required - your role will simply end at the point of transfer. You just have to tell them before the transfer date - your notice period won't apply. You will be waiving any right to redundancy or unfair dismissal, which sounds like it wouldn't apply in your case anyway.

So yes, you could object on 31st May (assuming the legal transfer takes place on 01 June) and end work on that day.

HTH
KiKi