TUPE and timeframes

DerektheDonkey

Morning all

For those that understand TUPE far better than I, do persons in their existing 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 their 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 by undertaking the same work at a different nearby location, but 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 an employment legal viewpoint. Thank you.

Puddings

You can refuse to transfer right up until the last minute (you cannot be forced to work somewhere you don't want to) but unless your current company has offered you an alternative role then this is a resignation. 

DerektheDonkey

Puddings said:

You can refuse to transfer right up until the last minute (you cannot be forced to work somewhere you don't want to) but unless your current company has offered you an alternative role then this is a resignation. 

Much obliged Puddings. That makes perfect sense. 

steampowered

Legally, you cannot decide whether to TUPE transfer or not.

TUPE transfers are automatic. They happen by operation of law - whether the employee wants it or not; whether the employer wants it or not.

You can, as your post suggests, play some funny games with work locations. TUPE will automatically transfer every employee who works mainly at a particular location when that location is sold. If you were to move to a different location which does not get sold, then TUPE wouldn't apply. But I don't see why the employee would be given that choice.

Marcon

steampowered said:

Legally, you cannot decide whether to TUPE transfer or not.

TUPE transfers are automatic. They happen by operation of law - whether the employee wants it or not; whether the employer wants it or not.

You can; you can object to being transferred. If you do, you'll be treated as having resigned and will have no comeback for any form of compensation, notice pay or anything else.

richardw

Some companies dream up a waiver to transfer form for employees to sign.

DerektheDonkey

Much obliged to you all, I have learned more about the TUPE process.

Whilst it makes perfect sense  it is interesting that it appears an employee should transfer or be deemed to have effectively resigned. However logically that makes sense that they transfer with protected rights, hence TUPE.