Giving notice to company pre TUPE

Tupe transfer date is April 1st of this year and am in TUPE group - notice period with old company is two months, so can anyone advise.. .if notice is given to old company and there isn't that period of time left with them, is there anything old company could do?  I know they probably wouldn't be bothered even though the employee has broken the contract and it wouldn't be worth their while, but then I'm thinking on that basis you could give notice at any point up to the end of March and there wouldn't be anything they could do either (or is there?) - could they withhold outstanding holiday pay for example (I wouldn't have thought so but would be grateful for thoughts...). thx

Comments

  • Hi, 
    I can't see that there would be any breach of contract.  You would just give your notice as normal, your employment should transfer to the new employer on 1st April, and then you finish at the end of your notice period. 
  • marlot
    marlot Posts: 4,924
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    If you refuse to transfer to the new company, my understanding is that your employment with the old company comes to an end on the transfer date (end March) and you're then out of a job.  You haven't been dismissed.  But you haven't had to work your notice period - the contract just ends.
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