Tupe

yorkie_boy

I have just been TUPE to a new employer and straight away they are wanting to TUPE me to another employer, is this legal? 

YBR

I don't see why not. TUPE only protects your T+Cs and length of service at the moment of transfer. Once it's complete the new employer can do what they want, which would include a further TUPE transfer.

Marcon

yorkie_boy said:

I have just been TUPE to a new employer and straight away they are wanting to TUPE me to another employer, is this legal? 

Nothing illegal about it.

yorkie_boy

cheers.for replys.

TheSpiddalKid

You can object to a transfer but in most cases in so doing you will just be dismissing yourself without any right to claim redundancy or be appointed to another role within the organisation.

Marcon

TheSpiddalKid said:

You can object to a transfer but in most cases in so doing you will just be dismissing yourself without any right to claim redundancy or be appointed to another role within the organisation.

...and your employment will come to an end on the date of the transfer. You will be deemed to have resigned, so won't be eligible for any sort of compensation and may prejudice your right to claim unemployment benefits. In short, think more than once if you plan to object!

DerektheDonkey

Morning all

I don't normally jump onto another person's thread but I think yorkie_boy has had his question answered plus I think my question might be salient to him. Thank you yorkie_boy, I do aologise if I have interrupted and if so please tell me to buzz off. Here goes.

For those that understand TUPE far better than I, do persons in their exiisting company legally have the right to decide if they transfer right up to the last minute that the work transfers to a new company.
I'm talking a day or so before, can thy change thir minds with such short notice?

The example I have been fed, of which i'm unsure, is that an employee can choose to stay with their original company then with a day to go can decide to instead to TUPE across. or vice versa.

Can this be so?
I just think of the two companies forward planning workforce.
In my example I transferred under TUPE many moons back with 200 others. We were given a deadline for making a decision, about 6 weeks before the date of the transfer.
What if we'd all decided to change our minds at the last minute.

I'd appreciate if anybody has a legal viewpoint. Thank you.

Good luck yorkie_boy.  

GrumpyDil

TUPE isn't generally a choice. In the cases I've been involved with (admittedly years ago) the choice was either a TUPE transfer or resign. 

The only time there might be room for negotiation would be if there were some differences in the role of the receiving employer. So e.g one that was carried out at a previous emoyer was going to involve a 5 mile site move. For most that was not a problem but for some with childcare responsibilities or who would have had a much more difficult journey to work it would have been and those cases were looked at individually.