Resignation just before TUPE announced

[Spon]

Hi all.

I have a bit of a strange situation and would like some advice please.

I handed in my notice from company A to then join company B after my manditory 3 months notice. A few hours (yes hours not days) after I resigned I was informed that I was being TUPEd to company B in 2 months time. Luckily company B and myself are happy to keep the contract already agreed. Company A have advised that only 2 months notice period can be done and I leave on the same date of my TUPEd colleagues.

My question is regarding a discretionary bonus due to be paid in mid May which happens to be in the 3rd month of my notice period that I now cannot work as I am being TUPEd.

If a discretionary payment is made (I understand this may not be paid) should I be eligible to receive this payment as I would have been still employed at time of payment (all be it working my notice) should TUPE not had blocked me working the final month of my notice period?

Also am I classed as being under TUPE? My TUPEd colleagues have been informed that they are getting said bonus.

I would really appreciate any help

Thanks

[mariefab]

Re: Resignation just before TUPE announced

As you are part of the group of employees being (TUPE) transferred you should be treated the same as the rest.
Your notice period doesn't change because of the transfer.

So, you work for company A for the first 2 months of your notice period.
Then you transfer to Company B with the others, on your existing contract, on the transfer date.
You then work the remaining 1 month of your notice period with Company B.
When this ends, you start your new agreed contract with Company B.

If the rest of the transferred employees receive a bonus, unless the terms and conditions of the bonus policy state that it is not payable to employees working their notice period, you should receive it too.