Notice within TUPE process

[caz_manc]

I am in the middle of the mud slinging from both sides. I have now got a job, which starts one week after we are all TUPE’d to the other side.

There is now three weeks to go before I start the new job.

I am wanting to give notice to the new company as my current company is being very difficult. Is this possible?

I don't have any redundancy owning, so this is not a consideration

[edc]

Difficult to understand what your issue is but if I am reading between the lines correctly then these questions will help: what is your notice period and who is currently your employer?

[caz_manc]

My old employer is still current. I have one and a half weeks left with them.

My notice period is a month

[caz_manc]

Opps double post. Blaming it on the mobile ;-)

[bapa]

I might be missing something but why not give notice to the current employer and send the new one a copy. Technically it's the same contract that gets transferred so notice should go to the current employer, but is effective against the new one.

[edc]

What's stopping you from handing in your notice to your employer?

You might also consider that normally if you refuse to TUPE transfer then your employment will normally be terminated by reason of resignation on the date of the intended transfer.

[caz_manc]

Resignation on the date of the transfer? Would i then have to work my notice?

I would be liable for costs if I resign from my current employer.

[bapa]

caz_manc said:

Resignation on the date of the transfer? Would i then have to work my notice?

If you object to transferring under TUPE then effectively you're resigning on the date that TUPE would otherwise take effect.

caz_manc said:

I would be liable for costs if I resign from my current employer.

Do you avoid those costs by giving the full period of notice?
Are you really worried about notice periods, or more about being liable for costs? If so what are these costs?

In your first post you said "I am wanting to give notice to the new company as my current company is being very difficult", but have you actually given them notice?

The issue is whether you've given them notice, not whether they have confirmed/agreed etc.
Re-reading your posts it appears that you've got a one month notice period, and have a new job to start in less than that. If that's right you really need to get your notice in!