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Ben Jones
Ben Jones, Solicitor
Category: UK Employment Law
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Experience:  Expert in UK Employment Law
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Hi, I recently changed jobs, but the circumstances where less

Resolved Question:

Hi, I recently changed jobs, but the circumstances where less than normal. My previous employer outsourced sections of the business (I worked for one of the affected areas). I waited out to see the T's and C's of the transfer but decided that i did not want to TUPE transfer. I was advised if this was the case that I would be classed as resigned as of the date of the transfer.
I accepted this and secured new employment, however my previous employer appears to still have me on payroll, my understanding is that i knew i was not entitled to any unemployment benefits (redundancy act). However contractually i am entitled to 4 weeks notice pay as per my terms of employment. Should they pay me again i will raise a bankers draft and return it to the company advising them i am no longer employed by them. My concern is that I am wrong and the first payment which i believe to be notice is wrong. Where do is stand in regards XXXXX XXXXX??
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Ben Jones replied 1 year ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. For now please let me know how long you have worked there.

Customer:

I worked there for 7 years and 1 month.

Expert:  Ben Jones replied 1 year ago.
Apologies for the slight delay, I experienced some temporary connection issues last night. If I understand your situation correctly, you have continued to receive payments from your employer following your resignation by objecting to the TUPE transfer.

If you object to a TUPE transfer then your employment terminates at the date of the transfer and you are not entitled to any payments apart from your salary and accrued holidays up to the date of the transfer. This means you will not receive redundancy pay, notice pay or other severance pay.

Therefore, if you have received any payments in addition to your normal salary and owed holidays, you are not entitled to these and they should be returned to the employer.

I would be grateful if you could please take a second to leave a positive rating. Your question will not close and I can continue providing further advice if necessary. Thank you
Ben Jones, Solicitor
Satisfied Customers: 38564
Experience: Expert in UK Employment Law
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