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dont want my contract transferred

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  • 09-07-2013 1:53pm
    #1
    daheff
    Registered Users Posts: 5,866 ✭✭✭


    Hi

    My company is about to be taken over by a competitor. Now I've dealt with the competitor in the past and am not sure I want to work for them, additionally my role will change somewhat.

    HR have told us that it will be a straight forward transfer of work contracts from the old company to the new company.

    My question is can I refuse to allow my contract of employment be transferred (being conscious that this will probably end up with me being made redundant- but I'm fairly confident I'll get another one quickly).

    Any advise on the contract transfer is appreciated.


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    #2
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Be careful, in the past the High Court has found a refusal to transfer under TUPE constitutes a resignation rather than a redundancy.

    http://blog.collierbroderick.ie/employment-law/what-happens-if-an-employee-refuses-to-transfer-in-a-tupe-situation/

    Do a Google search for 'can I refuse TUPE transfer'.


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    #3
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    thanks for this Graham. To be clear, I'm not looking for a redundancy payout (I'm not in the company long enough to get one anyways).

    A Technical resignation is fine with me also.


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    #4
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,316 CMod ✭✭✭✭Nody


    Why not simply go look for another job and hand in your resignation once you got it?


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    #5
    daheff
    Registered Users Posts: 5,866 ✭✭✭daheff


    Nody wrote: »
    Why not simply go look for another job and hand in your resignation once you got it?

    looks like this is whats going to happen! :(


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    #6
    Bandana boy
    Registered Users Posts: 4,330 ✭✭✭Bandana boy


    If your not entitled to redundancy then you are really asking to resign with no notice
    Not advised ,hand in your notice and work your notice is my advice


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    #7
    chris85
    Registered Users Posts: 4,502 ✭✭✭chris85


    daheff wrote: »
    looks like this is whats going to happen! :(

    What else did you want/expect to happen? What difference would a technical resignation made?


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