As my contract was with the old firm which soon will no longer exist.
Can I simply leave and ignore minimum notice which was in place with the old employer.
I realise that the European Communities (Protection of Employees on Transfer of Undertakings) Regulations SI 131/2003 protects employees in such situations.
Can an employee simply decide not to stay with the new employer and waive rights under this legislation and ignore a contract in force with the old employer?
Also, are there any rules governing using annual leave to shorten a notice period.
This extract suggests notice period remains - as it is an employers right?
transferor = old employer
transferee = new employer
The transferor's rights and obligations arising from a contract of employment existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee.
I'd be less inclined to focus on legal rights and just do the decent thing. Is it a huge problem to work the contractual notice period? Any new employer worth their salt will have no problem waiting for a notice period to expire. If you have holidays due, these could well form part of the notice period.
I'd be less inclined to focus on legal rights and just do the decent thing. Is it a huge problem to work the contractual notice period? Any new employer worth their salt will have no problem waiting for a notice period to expire. If you have holidays due, these could well form part of the notice period.
I agree completely (it had to happen eventually ).
In practice you can probably walk out and there's very little they can really do but it would say a lot about you as a person and none of it would be good. I certainly wouldn't give you your next job.
I agree completely (it had to happen eventually ).
In practice you can probably walk out and there's very little they can really do but it would say a lot about you as a person and none of it would be good. I certainly wouldn't give you your next job.
I agree with Purple, I wouldn't employ someone with that attitude either and bear in mind you'll need a reference
Your contract of employment transferred over to the new employer as did your length of service. Therefore your rights and obligations are for the most part unchanged, unless your new employer cannot replicate a benifit or asks you to change your T&Cs
anyway, why would you walk out, I've been taken over/sold 5 times in 10 years, frankly, none of them made a major difference to me