Objecting to TUPE Transfer time limit.

[roadhouse]

Re: Objecting to TUPE Transfer time limit.

Thanks for the update and good luck on your second interview.

Can't see how it can be and excellent career opportunity when they going to make you redundant a few months down the line?!

Yes, they went on about that field engineer role!

However, would I be right in thinking theoraticlly by rejecting the transfer they could not transfer me across but make me work my notice in the current firm?

[teaboy2]

Re: Objecting to TUPE Transfer time limit.

I will look in to and get back to you tomorrow to see if you'd still be able to work your notice, though i do not see any hard in asking them if you could do that if you were to refuse the transfer. Will get back to you in the morning, though probably best you post a reminder in the morning for me in case i forget, though Steve or SPQR may know and give you the answer by then.

[roadhouse]

Re: Objecting to TUPE Transfer time limit.

Thanks,

Sorry I meant could they insist I work notice as a current employee, as i have refused the transfer.

Basically "OK Roadhouse, you have refused the transfer and will still be with company A, therefore you must work your notice as an employee of company A".

[teaboy2]

Re: Objecting to TUPE Transfer time limit.

No your employment terminates on the date it would have been transferred, so there's no need for you to work any notice period.

https://www.gov.uk/transfers-takeove...ment-contracts

P.s. No need to apologies, it was me that misread your question lol

[stevemLS]

Re: Objecting to TUPE Transfer time limit.

I would say no you can't - the role is transferring.

In the letter giving you notice of the transfer, it should have spelt out what would happen should you not consent.

I have done it several times in the NHS and the letter clearly said that if you refused to transfer that would terminate the contract of employment as at the date of transfer.

See Reg 4(8)

(8) Subject to paragraphs (9) and (11), where an employee so objects, the relevant transfer shall operate so as to terminate his contract of employment with the transferor but he shall not be treated, for any purpose, as having been dismissed by the transferor.

[SPQR]

Re: Objecting to TUPE Transfer time limit.

Agree with teaboy2 and stevemLS: if you object before the date of transfer, your employment will terminate on the date of the transfer and you don't need to work your notice.

If however you do not object before the transfer, you will be required to work your notice at the new firm (though as stevemLS says you could always take a calculated risk that nobody is going to hold you to the notice period).


Good luck in job applications and interviews.

[roadhouse]

Re: Objecting to TUPE Transfer time limit.

Hi,

Would this letter be ok to hand in, should I need it?

I will deliver it in person to the MD of Company A (ie my current employeer), who was involved in the process.

Do I actually have to specify a reason, or will this letter suffice?

Dear XXXXX,,

Transfer of IT Function at Company A to Company B

Following our previous discussions, I am writing to inform you that I object to my employment in Company A being transferred to Company B under the Transfer of Undertakings (Protection of Employment) Regulations 2006.

I understand that, as a result of my objecting to the transfer:

• My employment will terminate on the date of the transfer as if I had resigned.
• I will not be entitled to any termination payment, including a redundancy payment (whether contractual or statutory), severance payment or payment in lieu of notice.
• This may affect my right to state benefits.

Yours sincerely,

[teaboy2]

Re: Objecting to TUPE Transfer time limit.

Looks fine to me, though the MD will probably ask you your reasons anyway.

[roadhouse]

Re: Objecting to TUPE Transfer time limit.

I have just handed in my objection letter...

They told me "If you did this on Monday you would have 3 months notice pay etc.." , then I said I had a job and they went quiet.

[teaboy2]

Re: Objecting to TUPE Transfer time limit.

And have you another job?

[roadhouse]

Re: Objecting to TUPE Transfer time limit.

Yes I was offered a job yesterday afternoon.

Thanks to everyone for all your replies, the reason I asked so many questions was because basically I work for a law firm, which specialises in employment law!

[teaboy2]

Re: Objecting to TUPE Transfer time limit.

Well am pleased to hear you have a new job lined up so will not have to face the uncertainty of being unemployed etc - So i wish you all the best for the future.

Employment law firm eh - Would have thought they'd have treated you better instead of passing you off knowing you'd be made redundant anyway!