Resigning before TUPE transfer date

[Crisis]

Hi

I need a bit of help

I have been advised my current employer has sold the business and our employment contract will be transferring under TUPE at the end of the month to the company that has purchased the business

I am currently in negotiations with a another employer and expect a Job offer to arrive in the next wk.

if I was to give my one months notice required under my currently employers contract the day before the said TUPE transfer date, where would that leave me?

i have read up and I'm not objecting to the transfer under TUPE it's just that the new job offer has better prospects and a high salary hence my choice to leave.

im concerned if I do hand my notice before the date I won't be entitled to my notice pay etc

[stevemLS]

Re: Resigning before TUPE transfer date

I don't really see what the problem is, you would transfer having given your notice. You may or may not be required to work your notice, there is no right to PILON

[Crisis]

Re: Resigning before TUPE transfer date

I don't really see what the problem is, you would transfer having given your notice. You may or may not be required to work your notice, there is no right to PILON

That is the part I don't quite understand. Under my current contract I am required to give one months notice which I'm happy to do. What concerns me is if I give my notice they can then accept it and let me go immediately without paying me my months notice or holiday entitlement?

dont know what PILON is sorry

[stevemLS]

Re: Resigning before TUPE transfer date

PILON - pay in lieu of notice - where some employers will let you go immediately with pay but not make you work your notice period.

How long have you worked there?

[Crisis]

Re: Resigning before TUPE transfer date

PILON - payment in leu of notice.

Ok think I should stress what my fear is.... I have a company car etc under my current employers contract. Obviously the months notice retaining my current benefits...e.g the car is my MAIN concern.

If They dismiss me without PILON immediately I will be left with no car, and no income for one month. I also have holiday entitlement owed and a holiday booked during my notice period.

all I need to know is...is it in my best interests to resign after the TUPE transfer date to ensure I retain my car, my pay and holiday entitlement etc for my notice period?

Or do my current employers have to honor my contract up until the TUPE transfer date anyway regardless?

[stevemLS]

Re: Resigning before TUPE transfer date

My view, for what it is worth, is that it is in your best interests to not hand in your notice until after the transfer date.

Anything else would require close examination of your current employment contract to work out exactly what may be due to you,