TUPE - Notice Period Benefit?

Petree

Hi All,

Expecting to be told I am subject to TUPE in the next few days.

I currently have a 3 month notice period, however, I would assume that the proposed date for TUPE will be prior to this (1.5 months for the sake of argument).

Would I be right in assuming therefore that by declining the transfer, therefore legally resigning from my existing employer, I would only be required to work until the TUPE transfer day (in 1.5 months), and not the full 3 months of my notice period?

Thanks

JReacher1

You can serve no notice at all and just tell them before the tupe contract date that you don’t accept it. At the TUPE transfer point you can just walk out.

Comms69

Petree wrote: »

Hi All,

Expecting to be told I am subject to TUPE in the next few days.

I currently have a 3 month notice period, however, I would assume that the proposed date for TUPE will be prior to this (1.5 months for the sake of argument).

Would I be right in assuming therefore that by declining the transfer, therefore legally resigning from my existing employer, I would only be required to work until the TUPE transfer day (in 1.5 months), and not the full 3 months of my notice period?

Thanks

Yes, but is that the best move? Given it would likely lead to a sanction when claiming benefits

JReacher1

Comms69 wrote: »

Yes, but is that the best move? Given it would likely lead to a sanction when claiming benefits

I would assume they have another job lined up and want to take advantage of a reduced notice period.

Petree

JReacher - perfect, even better then thanks!

Comms69 - i'll walk into a new role within a few days as there is a huge skills shortage in my sector, the 3 month notice period means i've lost a couple of interesting roles with new employers, hence trying to get out quickly!

nicechap

Petree wrote: »

Hi All,

Expecting to be told I am subject to TUPE in the next few days.

I currently have a 3 month notice period, however, I would assume that the proposed date for TUPE will be prior to this (1.5 months for the sake of argument).

Would I be right in assuming therefore that by declining the transfer, therefore legally resigning from my existing employer, I would only be required to work until the TUPE transfer day (in 1.5 months), and not the full 3 months of my notice period?

Thanks

What will you do if your current employer agrees and doesn't TUPE you across?

Petree

Resign from my original employer the next day and then work my notice for 3 months sitting alone in an office that used to have 100+ people in talking to myself I expect :rotfl:

nicechap

Petree wrote: »

Resign from my original employer the next day and then work my notice for 3 months sitting alone in an office that used to have 100+ people in talking to myself I expect :rotfl:

As long as that works for you and you've considered all the possibilities.

getmore4less

How key are you to the proposal, some situations the negotiations establish a core that have to transfer to clinch the deal.

Dox

getmore4less wrote: »

How key are you to the proposal, some situations the negotiations establish a core that have to transfer to clinch the deal.

Not OP's problem.