TUPE

[CreatureBump]

Hi, can anyone please advise if an organisation can impose a date by which a decision about accepting / refusing a transfer must be made, or is this date always the last day before the transfer becomes effective?
For example, if a transfer effective date was November 10th, can an organisation impose a decision be made weeks before then, or is it the employees’ right to leave it until November 9th (if they so wish) to inform the organisation that they do not wish to transfer?
I can find no legislation around this and ACAS, although helpful, were also unsure.
Thank you MN Community for any advice you can offer.

I believe it is your right not to notify until the point of transfer, but there may be short-term practical consequences. Ultimately, you can’t suffer a permanent detriment as a result of exercising your legal rights.

Would you be made redundant if you don’t transfer or do you believe you should be able to carry on working for your current employer in a very similar role?

@OvertiredandConfused
It would not be redundancy if you refuse to transfer. Your employment would just end. Refusing to transfer is considered the same as resigning.

@CreatureBump the current employer has to transfer your information to the new employer at least 28 days before the TUPE transfer. That’s likely why they’ve given you a deadline. If you don’t object to being transferred before that deadline, then your employment details will be provided to the new employer. I think you can still refuse to transfer (considered a resignation) after that point

Thanks everyone. This is all really helpful info.