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Want to resign during TUPE - notice period

2 replies

HarrietteNightingale · 13/04/2022 09:16

Please help because I can't find anything on the internet which covers this specific situation. I have been unhappy for a while in my job and am looking to pursue full time training for a new career for a while.

I want to resign mid next month and work out my three month notice period. However the org I work for is at the end of a funding contract which has been awarded to another org, with all employees TUPEing to the new org. I want to give notice about 5 weeks before the transfer and leave 7 weeks later. Can I do this or will it be deemed to be objecting to the transfer and I will be unable to continue working past the transfer date? I am not, I just want to resign, the transfer is immaterial to me.

OP posts:
maxelly · 13/04/2022 12:46

No that should be fine, I don't see why the transfer would effect your notice period providing you make it clear in writing. I'd have a confidential word with the HR person dealing with the transfer to check though, if there is one, just to avoid future problems. In theory is there a reason you want to work the full three months or would you be happy to leave sooner, if so the 'receiving company' might theoretically be prepared to pay you in lieu of some of your notice and/or agree an earlier exit date to save them the trouble of getting you set up on their systems etc, worth checking?

HarrietteNightingale · 13/04/2022 13:19

Thank you so much for the advice. The main reason I want to work my notice is I have a 13 day holiday falling just before the transfer date (for a wedding abroad), and I won't have accrued enough leave this year to cover it before mid august. Also would like to save up some money for the training. I would leave tomorrow if I could and money wasn't an issue at all.

If I speak to HR of the current hosting org (which is my formal employer) about notice etc are they bound to keep it confidential from my boss, do you know?

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