Hi, the company I have my contract with was bought out 2 years ago, the new company is finally in the process of TUPE and getting all staff moved over to their contracts. However, I already resigned 2 months ago and working a 6 month notice, I have already refused to agree to the TUPE so was wondering if I am within my rights to leave immediately when the transfer happens and subsequently still be paid for the remainder of my notice period?
Hi there and thanks for getting in touch. If you refuse a TUPE transfer your employment ends automatically at the point of the transfer. However, here it sounds as though the actual transfer happened a while ago and your new employer is just changing your contracts to their own standard form.
We’d need to see the documents and get full details from you but you may not be in a TUPE transfer situation any more, though TUPE may still be relevant. We can see why you’d think there’s little point in signing a new contract while you’re on your notice period. We can certainly help you look to achieve your aim of getting out before the end of your notice period with pay in lieu.
