Thread: TUPE Transfer Question

Hi, I would appreciate some help on an issue I am currently facing.

Background

I work for Company A that has just lost a large contract for ABC bank supplying services for their customers to company B.

Company A is using TUPE to transfer 50 staff to company B and is in addition changing structure over the next few weeks and making a further 30 staff redundant / displaced.

Company B has announced the office location post transfer would be 300+ miles away and that they would offer relocation to anyone who wants to move. In addition they have also stated that any "location independent" / "home workers" would be supported post transfer.

My position

I have worked for company A on a permanent contract since March 2007 working for all of company A's partners / companies based in the office.

In July 2008 I accepted a secondment working on the ABC bank account working from home.

I have no documentation on the secondment other than some emails in relation to getting a hire car for the duration of my secondment.

I was told a couple of days ago that I would not be considered to TUPE transfer because the position I am currently in is seconded and therefore not up for transfer. This will now result in me waiting for the internal structure change announcements and entering the various (as yet not determined) selection pools,

My issue

Prior to the announcement (and still now) my preference would have been to have been TUPE transferred to company B on the terms of my secondment (no financial increase on secondment Vs my previous role).

All of my objectives (formally recorded) are in relation to my secondment and ABC bank is actually named in most of them.

What is my position here? Can I make a case for being transferred on the terms of my secondment?

I don't want to risk being placed on TUPE list on my previous terms (e.g office based and requirement to relocate) but also don't want to waste the nearly 12 months of work I have put into the account for the sake of not asking the question! Any help is truly appreciated.

Thanks

As you are have been seconded you should have the option of going back to where you were or joining the new company and accepting their terms.