Hi and thanks for this article. The article states that restrictive covenants are not enforceable by the company that a business is transferred to if the employee doesn’t accept TUPE. I have asked about this elsewhere and been told that the right to enforce such restrictions will transfer despite the employee resignation. Could you give any more detail about what may affect this? My personal situation is that my employment is proposed to be TUPE’d in 2 months, I am hoping there is an opportunity to resign and be free of non-compete restrictions.
Team QLAW! Changed status to publish 9th September 2024