We have a TUPE transfer with our employer and he advised us of the transfer happening 27 days before the transfer will take place which is the end of this month. Is this too short a timescale? If we do not agree on the new owner and hand in notice then will the notice period end at the end of July?
There is no set timeframe for information and consultation under TUPE. If consultation is necessary (ie if the buyer intends to take any “measures” – which basically means make any changes regarding your employment), then seller and buyer should consult for a long enough period to make it meaningful, though the buyer might do this after the sale.
You can’t refuse to accept the new owner – who your employer sells the business to is up to them. You can choose not to accept the TUPE transfer. This would mean that your employment ends at the point of the sale. It isn’t a dismissal, or a resignation, and you’d have no claims at all. It’s best to get advice before refusing to accept a transfer, because there may be a better way to approach your concerns, depending on the circumstances.
We can’t comment on whether this is all ok in your case without full details and taking you on as a client, so do email employment@qlaw.co.uk with your contact details and the name of your employer so we can take this forward for you.
