We are a new not-for-profit organisation and many of our employees have TUPE’d over from the local council.

A secondment opportunity has arisen due to a senior member of staff undertaking some project work.

My question is that as the secondment is under our new Ts and Cs (and I assume this is the right approach to take), if a TUPE’d employee is successful in being selected for the secondment, should we be returning them to their TUPE Ts and Cs at the end of the secondment (and is it their right to do so)?

For those cynics out there (and I know there are a fair few!), we are not trying to get past TUPE – we want to do the right thing, but obviously (as any employer would I would argue) we don’t want to hold on to people’s TUPE Ts and Cs longer than required.

I would be grateful for advice.

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