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TUPE - contract or PAYE scheme?

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WeirdAndPissedOff · 20/07/2020 15:12

I need some advice/information from anyone who may know more about this area than me.

My company has recently been bought out, and a massive restructure of staffing prior to TUPE transfer completely changed my job role - enough so that I would have had a case for constructive dismissal had I decided to pursue that route.
I quit shortly after, then withdrew my resignation following a partial renegotiation and guilt over knowing that my notice period was nowhere near long enough to hand over everything I had been left with. As part of this I signed a new contract with the buying company, however I'm still on my current employer's payroll and PAYE scheme.

After some long delays we're now almost ready to start the TUPE process, but I'm not sure where I stand on this - various Google sources seem to suggest that the TUPE is more about transfer of employment contracts, in which case I'm already assumed to have a contract with the new employer and have no capacity to refuse. Does this seem correct?

I'm still hoping at the moment to get to a point where I can finally finish wrapping up the projects I've been handed, and then work out my notice, but I reached burnout months ago and I'm honestly not sure I can keep going that much longer. Knowing that I have an "out" will at least be some small comfort, even if I never take it.

Note - I know that I'm not entitled to anything if I refuse TUPE, and I know now is far from the best time to be leaving a stable job, but remaining in this role really isn't an option.

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