TUPE

[Upatdawn]

If TUPE is offered but declined is the worker going to lose all rights to redundancy

[dibblecorse]

Yes, see ACAS guidance here

https://www.acas.org.uk/tupe/advice-for-employers-...

[Panamax]

Refusing a TUPE transfer is effectively "resignation" - simple as that.

Why would anyone ever refuse a TUPE transfer? It's all in the title - "Transfer of Undertakings Protection of Employment".

[Jasandjules]

Upatdawn said:

If TUPE is offered but declined is the worker going to lose all rights to redundancy

Yes. You are not treated as dismissed following a decision of the ECJ and this was followed in the EAT in Hay v Hanson

[bitchstewie]

Panamax said:

Refusing a TUPE transfer is effectively "resignation" - simple as that.

Why would anyone ever refuse a TUPE transfer? It's all in the title - "Transfer of Undertakings Protection of Employment".

Simple answer is you may not like the new employer or the reasons for the TUPE might leave a bad taste regardless of the protections you retain.

However far as I know (and ACAS told me this when I queried it) if you walk you walk - TUPE isn't redundancy.

[craigjm]

Upatdawn said:

If TUPE is offered but declined is the worker going to lose all rights to redundancy

The first answer gives you everything you need to know. It won’t be a redundancy it will be a resignation

[55palfers]

You may still get a redundancy payment post TUPE.

In my experience, the new employer will now probably have too many staff, duplicated posts, wrong experience, face doesn't fit, etc.

Hang in there.

[Upatdawn]

getting 2 stories now

A) our firm handed it back as there was no profit

or maybe

B) the work has been given to another employee who might be on fewer hours

waiting on updates

Edited by Upatdawn on Wednesday 27th August 21:07

[Jasandjules]

Upatdawn said:

B) my work has been given to another employee who might be on fewer hours

waiting on updates

Then redundancy payout............. Hopefully you have been there long enough to make it worthwhile

[Panamax]

55palfers said:

In my experience, the new employer will now probably have too many staff, duplicated posts, wrong experience, face doesn't fit, etc.
Hang in there.

^^ Exactly. You've got to be nuts to stomp off in a hissy-fit. No point resigning, if you've had enough the game is to be made redundant.

[55palfers]

Exactly what is the "standby pay" for please?

[craigjm]

Upatdawn said:

getting 2 stories now

A) our firm handed it back as there was no profit

or maybe

B) the work has been given to another employee who might be on fewer hours

waiting on updates

Edited by Upatdawn on Wednesday 27th August 21:07

So the company have said you are being transferred to a new company under TUPE right? If that’s the case I don’t understand what you mean by A and B here. Where are these “stories” coming from?

Your firm handed what back?

Whose work given to another employee working fewer hours? What does this have to do with the TUPE?