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Tupe & Notice Period Question

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  • Tupe & Notice Period Question

    Hello everyone,

    Back in May 2016 I was Tupe'd from one company across to another when our department was outsourced. We were informed at the time that our jobs were 'at risk' as my role was being moved offshore. Since then we have been given letters from our new company giving notice of an extension to our role. The last letter I received was in February 2017 and it states our role was to be extended until February 28th 2018.

    We were also advised in the last letter that if by 1st February 2018 we hadn't been found a suitable alternative position our employment will be at risk of being brought to an end on the grounds of compulsory redundancy.

    I have recently been offered another job with a different company with a start date of 12th March 2018. My notice period with my previous company is 4 weeks which on today's date would be just past the date I would be due to start in my new job.

    Where do I stand in having to serve my notice period as I haven't received a new letter or any other correspondence regarding my current position. Would I have to work the notice period, or can I tell my current employer that I don't wish to have my employment extended and would like to leave under compulsory redundancy.
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  • #2
    You need to establish in writing that your role has not been extended beyond 28 Feb since you have not heard from them by the agreed date of 1 Feb and that redundancy will be effective from that day. Also ask them to confirm details of the payments due. If that is the case, then effectively it seems that you are currently working your 4 weeks’ notice with 28 Feb being your termination date.

    If this is the case, then you do not need to give notice as your job will end on 28 Feb and you are free to start your new job any-time after this date.

    If, however the 4 weeks’ notice period takes effect from 28th Feb then you will need to ask if you can leave early, asking your employer to change your finishing date. You will still get your redundancy pay if they agree to change the date. However, do not leave early unless your employer agrees and have this in writing - otherwise you will have resigned and will not get your redundancy payment.

    If this is likely to happen then I would ask your new employer if they will let you start later. Starting later could be better than losing your redundancy pay.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.

    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.


    • #3
      Thanks for that ULA. Although I doubt that any redundancy would be forthcoming, not too bothered as I'm glad to be out to be honest. Once again, thanks for your response.




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