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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48172
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Tupe question, my service is currently been transferred to a

Resolved Question:

Tupe question, my service is currently been transferred to a new provider, it has been agreed by all parties that due to the new location of the service, my preference would be redundancy, as the distance and requirements do not meet my requirements.
Rather go through the protocol of on the date of transfer letting the new provider deal with the redundancy, may current employer would handle the process. At this time they are discussing who should pay for final payments.
As I have been with the company for number of years, and is not been the first time I have in this situation, I feel it's time to move on.
My only concern is that my present company are asking me that to complete this process that I will have to opt out of the tupe process to commit to this.
1. Will I be at risk if a new role comes up, that they deem to match my current skills. That I will legally have to take the role. As technically I am no longer in the tupe process.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

Have they offered you a settlement agreement? Please note I am mobile today so may not be able to reply immediately thanks

Customer: replied 1 year ago.
They referred me to a voluntary redundancy policy from 2012, 1.2 weeks up age 41, then 1.8 weeks above per year of service, plus my contract is 12 weeks notice required. At this point it as only been mostly verbal, meeting with new provider, and internal meetings. Last email received is:1. I have opted out of transferring to new provider (though in meeting I said it was my preference due to location)
2. Its is company preference to make you redundant as opposed to transfer
3. Discussions being held to who pay redundancyOnce this agreed, I will be asked to sign letter that I have opted out, predicted last day at the end of this month and expect figures issued by HR within 2 weeks.Sorry for lengthy answer, so really only a verbal,Thank youCraig
Expert:  Ben Jones replied 1 year ago.

Hi there, I would strongly recommend that before you make a formal decision like opting put, you try and agree a settlement agreement with the employer. Under such an agreement they promise to pay you a specific amount on termination and in turn you agree not to claim against them. It is essentially a clean break between you. The benefit is that you know exactly where you stand and what you will receive on termination.

If you were to opt out of the transfer, then you are officially resigning, unless the current employer decides to keep you. What they could do if they really wanted to is state that once you opt put they no longer want you and leave you to resign and get no redundancy. They may not and be fair but it is a potential risk so be aware of it.

If you did opt out and remained with the current employer then you would no longer be tied in to the new employer so even if they do find you a new job you would not be obliged to take it and avoid redundancy that way.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

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