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Original poster

TUPE

4 replies

AngelEyes46 · 30/05/2019 23:15

Hi - if a part of a service is being TUPE'd to another organisation, can the employees refuse to TUPE, remain in the existing company and effectively be in competition with the new company

OP posts:
flowery · 31/05/2019 09:25

An employee can refuse to TUPE but fear doesn’t make them entitled to remain at the original employer. It would normally mean their employment comes to an end.

flowery · 31/05/2019 09:25

that, not “fear”!

prh47bridge · 31/05/2019 09:38

The new company has the contract for the part of the service it is to deliver. The existing company has lost that contract. It's employees cannot try to take the work away from the new company as you are suggesting.

As flowery says, your choices are almost certainly to accept TUPE or leave. If you leave it is unlikely you will be able to claim unfair dismissal or redundancy pay.

F1ngerF00d · 31/05/2019 11:38

If that person wants to continue to work & be paid, they TUPE to the new company
There is no option to stay in the old company.
I agree TUPE or leave

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