Refusing TUPE

[Googlespecialist]

I'm just wondering what happens to my remaining annual leave if I decline to be tuped over? Will my current employer pay me instead? Also, regarding the month notice I'm meant to give, what if the TUPE date is weeks before I can complete the month notice?

When you Tupe

All your existing terms & conditions should still continue to exist

If you refuse to TUPE then this is treated as resignation from your current employer, you need to provide that in writing to your current employer and they will advise the new employer that you will not transfer
With the time pending TUPE being less than your notice period you would just end earlier and not be paid.

https://www.acas.org.uk/employee-rights-during-a-tupe-transfer/transferring-to-your-new-employer#refusetransfer

For leave it depends on your contract, you won’t get your full years leave allowance but proportionally up to the end date. If your leave quantity can be taken before the resignation date then resign on leave, getting paid for the period, if it is longer then the time left then you may be paid in lieu of leave but it depends on the contract you have.

An option is to transfer under TUPE, give notice of resignation with the new employer and take the leave. This way you get paid by the new employer after the TUPE date and remain on your existing terms for that period

On TUPE you remain on current terms until such time as you agree to revised terms

A potential alternative depending on circumstances is that you refuse to transfer on TUPE and seek an alternative role in your current employer.
If you get a new role before the TUPE date then you remain, but if not then you are treated as having resigned

Why do you not wish to Tupe ?

Do you have another job lined up ?