Opt out of TUPE and take contract role with company I should be transferring to.

[ash3]

As an employee the company I currently work for (company A) are outsourcing my role to another company (company B).

My role will still be required at company A for approximately 9 months post transfer, i.e. employed by company B working onsite for company A.

I am not interested in working for company B long term but would like to stay on working at company A for the 9 months.

Is there anything legally associated with the TUPE process that would stop me from resigning from company A and taking a contract role with company B for the 9 months?

Hope someone can help, many thanks.

Ash

[Clare@InTouch]

Not from TUPE, but I imagine IR35 would be a concern as you'll be doing the same job you'd been doing as an employee......

[northernladuk]

Not from TUPE, but I imagine IR35 would be a concern as you'll be doing the same job you'd been doing as an employee......

Finally decided to grace us with your presence hey!!

[Clare@InTouch]

Finally decided to grace us with your presence hey!!

I've been playing with Lions in Africa

[northernladuk]

As an employee the company I currently work for (company A) are outsourcing my role to another company (company B).

My role will still be required at company A for approximately 9 months post transfer, i.e. employed by company B working onsite for company A.

I am not interested in working for company B long term but would like to stay on working at company A for the 9 months.

Is there anything legally associated with the TUPE process that would stop me from resigning from company A and taking a contract role with company B for the 9 months?

Hope someone can help, many thanks.

Ash

You also need to read your contract carefully. It's possible there will be some agreement about poaching and re-aligning employees during the TUPE process. Part of the deal will be 'buying' the employees/roles so if you just give notice and walk they have lost the advantage. You will have to ask HR this question as TUPE can be a horrible process and isn't often done very well.

IR35 wise it will be a mess so you would have to go brolly (arguable I know) which kinda negates some of the advantages of proper contracting.

Another question is does Company B want to take you as a contractor? If they are taking on a raft of employees they will likely be looking to reduce headcount shortly after so will be a bit people heavy for awhile.

[northernladuk]

I've been playing with Lions in Africa

Are the Lions ok? Or do you mean the British Lions cause they were short a prop?

[eek]

Are the Lions ok?

probably need a few weeks to recover, but long term possibly yes....

[Clare@InTouch]

Are the Lions ok? Or do you mean the British Lions cause they were short a prop?

The furry ones! They're fine, and apparently didn't suffer damage from my attempts to stuff them into my suitcase on the way home.

[TheFaQQer]

Not from TUPE, but I imagine IR35 would be a concern as you'll be doing the same job you'd been doing as an employee......

+1

If your only choice is going to be inside IR35, you'd have to do the sums very carefully to decide whether it was worthwhile signing away all your rights to make a gain on the whole deal.

[northernladuk]

The furry ones! They're fine, and apparently didn't suffer damage from my attempts to stuff them into my suitcase on the way home.

Did Craig enjoy it?