TUPE Questions

westv · 17 April 2018 at 9:35AM

I'm currently "in scope" for TUPE

I don't currently have an exact transfer date. Is my current company obliged to give me a date prior to the transfer or can they just say one day "You have transferred"?
I believe I can reject the transfer prior to the transfer and this would be treated as a resignation.
Can I reject the transfer up to the day before the actual transfer?
If I do this what happens to my notice period? Do I leave on the day of the transfer or do I work any notice?
Also, what happens to unused holiday?

mariefab · 17 April 2018 at 3:41PM

Long enough before a relevant transfer to enable the employer of any affected employees to consult the appropriate representatives of any affected employees, the employer shall inform those representatives of the transfer date (among other things).
Yes, you can object to becoming an employee of the transferee up to the day before the transfer.
This would be treated as a resignation and will take effect on the transfer date. So, you won't have to work a notice period and you won't be entitled to pay in lieu of notice.
You will be entitled to payment for any holidays accrued but untaken by the transfer date.

westv · 17 April 2018 at 3:46PM

Many thanks for that.
We've had consultations but all we've been told is that it will be by 30/6/18.

mariefab · 18 April 2018 at 10:17AM

How long have you worked there?

westv · 18 April 2018 at 12:08PM

mariefab wrote: »

How long have you worked there?

Almost 6 years.
There's also an unresolved issue of a potential relocation which is still awaiting an answer from the company.

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