I have recently been under threat of TUPE to a new provider of the service my employer provides for a customer. The law in general is meant to protect employees, which I can see if you are a permanent member of the workforce within a particular contract ( e.g. your contractual place of work is the client’s site). However, my contractual place of work is my employers head office, and I currently live away from home to be on the client site. The assignment was for 12 months only. When my employer lost the contract,a nd my assignment was still active, I found myself in the frame for TUPE – so in my case and that of my employer, the law did me no favours at all! – is the law this cut and dried or should I have been excluded as I was theoretically on secondment to the client?
Pam Amos