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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 55191
Experience:  Qualified Employment Solicitor
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Morning Further to previous question regarding TUPE: I am

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Further to previous question regarding TUPE:
I am still employed under my previous company who has been take over by another company.
I am due to be TUPEd over to new company (old business being closed down): a: I have not been informed I can object to TUPE; b: can I still object to TUPE?

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

You certainly can object to the transfer, at any time up until the date the transfer takes place. You do not need to be given that option - it is a legal right that exists regardless. If you do object, then your employment will automatically terminate by way of resignation on the date of the transfer.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - 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 reply on here and I will assist as best as I can. Thank you

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Customer: replied 1 year ago.
Am I then right in understanding that my restrictive covenant with my former employer falls away and that new employer has no right to restrict my future work / employment in the local area?

if you opt out you never transfer to the new employer so any restrictions which applied now will not move over to the new employer, however they would still be relevant with the current employer