TUPE - legal questions after the event....

[tango2]

We've just been TUPE'd over (first day with new co today), and I've got 2 questions for the legal guys please:

- I'm looking to resign on completion of offer about to be made from another company - can I do a 'terminate immediately' letter and walk out straight away without any repercussions (5 days holiday pay owing which is a legal entitlement...). Contractually 1 month's notice

- a colleague has had her job description and tupe consultation of 'what do you do' pretty much ignored, and has been told verbally, no discussion, that she will do 2 days a week of her contractual role (admin/finance manager) and 3 days a week of 'skivvy to ...help on projects...blurb' which she doesn't want to do (she's got accounting qualifications and used to run the finance and admin side for me pre TUPE)

The TUPE process has been diabolical to say the least...lots of other things done incorrectly from the taking over company - however thee are the main 2 concerns now.

Thanks in anticipation

[siscar]

The point of TUPE is continuity of employment, your contract with the new employer is the same as if they had employed you from the start. So your notice period is the same as if it hadn't happened, changes to the contract etc. need to be agreed in the same wa as if TUPE hadn't happened.