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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50476
Experience:  Qualified Employment Solicitor
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I manage the shop i work in and said i can topee over to the

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I manage the shop i work in and said i can topee over to the new firm as they have no work for me should they make me redundent or is it better to go to the new firm im 71 and would like to retire now but money stops me from doing that

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.
Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long you have worked there.


This december it will be four years

Ben Jones :

Thank you for your patience. If you are covered by TUPE then you have no choice as to whether your job transfers or not. The current employer does not have to make you redundant if your job is going to transfer to a new employer so you cannot force them to do so. At the same time, whilst you have the option of refusing to transfer, that would be treated as a resignation and you will not get any pay out - you would not be entitled to receive any redundancy or notice pay and your employment will terminate on the date of the transfer. So in these circumstances the only option may actually be to transfer to the new employer and continue in your job. You may eventually choose to retire - that is entirely down to you and you cannot be stopped from doing so, however there is no payout that you would be entitled to if you decide to go down that route.

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