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Another TUPE query

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agent69
agent69 Posts: 360 Forumite
Part of the Furniture 100 Posts Name Dropper Combo Breaker
edited 22 November 2016 at 7:46PM in Redundancy & redundancy planning
Hopefully this is the correct forum, but I need advice on TUPE.


My employer carries out business in 2 effectively separate sectors. Part of the company caries out term maintenance work for a local authority, the other part competitively tenders for work in the marketplace.


Some people are wholly involved with the term maintenance contract, some are wholly involved in the competitively tendered work, and some move between the two work streams as and when workload dictates.


The TMC was recently rebid and we were not successful. I predominantly work for the competitively tendered side of the business with occasional visits to TMC work. I was therefore surprised to see my name appear on the Tupe list.


Does anyone know what the rules are for deciding who goes on the tupe list if you are not 100% employed on TMC work. I would prefer to stay with the remaining part of the business, but I am mindful that if I turn down Tupe I may be making myself jobless.

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  • sangie595
    sangie595 Posts: 6,092 Forumite
    agent69 wrote: »
    Hopefully this is the correct forum, but I need advice on TUPE.


    My employer carries out business in 2 effectively separate sectors. Part of the company caries out term maintenance work for a local authority, the other part competitively tenders for work in the marketplace.


    Some people are wholly involved with the term maintenance contract, some are wholly involved in the competitively tendered work, and some move between the two work streams as and when workload dictates.


    The TMC was recently rebid and we were not successful. I predominantly work for the competitively tendered side of the business with occasional visits to TMC work. I was therefore surprised to see my name appear on the Tupe list.


    Does anyone know what the rules are for deciding who goes on the tupe list if you are not 100% employed on TMC work. I would prefer to stay with the remaining part of the business, but I am mindful that if I turn down Tupe I may be making myself jobless.
    There are no "rules". Every situation is different, so who and what is in scope is determined on a case by case basis by the employer(s). If you disagree with the decision you should have the opportunity to comment - and whether asked or not, if you think this decision is wrong you should ask on what basis it was made and put your case.
  • agent69
    agent69 Posts: 360 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    sangie595 wrote: »
    There are no "rules". Every situation is different, so who and what is in scope is determined on a case by case basis by the employer(s). If you disagree with the decision you should have the opportunity to comment - and whether asked or not, if you think this decision is wrong you should ask on what basis it was made and put your case.


    Thanks for the clarification.


    I was hoping the rules would be black and white, but apparently not. Looks like I will have to have a moan and see what happens.
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