Employment Lawyers Can Answer Your Employment Law Questions
Hi Ben. I'd rather not work my notice period. I understand that if I object to the TUPE transfer then I'll be effectively resigning and, because the business is being transferred, I don't have to work my notice and restrictive covenants won't apply. I've held off for this long because of the possibility of the sale falling through and hence the possibility of a redundancy payout, which with 12 full years of service and me being 48 would be about 7.5k statutory. If the sale falls through and redundancy happens, would I be paid 3 months notice on top of that, assuming it is agreed that I don't have to work it? All things considered, do I only stand to gain anything if the deal fails? If it goes through before I resign, then I would hand my notice in on day one with the new guys, but it would be unfair of me I think to demand 3 months PILON.
Thanks Ben. I have a letter from my current employer titled "Information regarding the potential transfer of your employment" (note the use of the word "potential").
Point 4 of the letter states "In law a refusal by you to be transferred to the new employer is the same as resignation, so no entitlement to a redundancy payment will arise if this happens". This seems to contradict what you say in your latest reply "So probably best to object to the transfer (not the same as actually resigning)". Of course, our HR lady has written the letter on the assumption that things will go through, but I've been made aware unofficially that there is quite a major sticking point, which may be a deal breaker. There is also a Q & A section in the letter, part of which says "You have the right to object to the transfer by informing either your Line Manager or your proposed new employer. You should note, however that this is likely to mean that you will be treated as if you had resigned...."
So, to clarify: if I object and the deal goes through then I don't go across and my employment ends on the date of the transfer, with no notice to be served or PILON and no restrictive covenants to be enforced. If I object and the deal fails then I may still be entitled to redundancy. If I've got this right, then I have nothing to lose by objecting to the TUPE transfer. Please confirm. Thanks again.