Can I decide not to TUPE to the new organisation?
No. If the PCT Board agrees to the creation of a social enterprise, there will be a minimum period of three months formal consultation with staff. During this period of consultation, you will have an opportunity to discuss any concerns you may have with a senior manager and/or a member of the HR Department. We hope that we will be able to resolve any issues of concern. If at least 50% of your duties are carried out within or for the CPU, your contract of employment will be transferred to the new organisation. If you feel strongly that you do not wish to do that, and refuse to go, you will normally be treated under TUPE as resigning from your post.