Does anyone know if TUPE would apply here?

[Jobwoenamechanged]

I've name-changed as my situation as described below could possibly identify me!

Just what the title says really - I'm in a strange position where I am employed by one public sector employer (ie contract and T&Cs) however my actual job, line manager etc is in another public sector employer and always has been. My job is virtually irrelevant to the employing organisation but is still necessary to the one where I actually work! This is the result of a historical arrangment that neither organisation wishes to continue and so a group of us who are in the same position are being told that if we want to continue doing the same jobs they will be advertised openly and we'll have to reapply for them. I would have thought that a situation where a job is still valid and the same person is doing it, but the employer is changing would be covered by TUPE, but everything i read refers to companies and business so I am wondering if TUPE applies to the public sector. Also, the organisation that I would have to become employed by is part of the civil service and someone said that all entries to the CS have to be by open competition so I'm confused about how to take this forward.

TUPE most certainly applies to the public sector.

That is why outsourcing companies are usually large and nasty - they can afford the costs of either covering LGPS or redundancy.

An example I know.
Employee of a council works within an NHS hospital.
If the employment was transferred to the NHS, TUPE would apply.
If the work was outsourced to the private sector by either employer, TUPE would apply.

You can be forced to reapply for your jobs only if the alternative is redundancy - under your existing terms.
Another one where it's worth phoning ACAS methinks.

Thanks Talkinpeace - I thought ACAS was more for unfair dismissal type stuff but will give them a call.

Um, "Transfers within central or local government are generally not covered by TUPE"

Is it central or local govt? Scroll down on the page to 'transfers in the public sector', there is a PDF guidance document you can look at.

Aha, this looks like good ammunition against HR - thanks loads.

Hi TUPE definitely applies in public sector and between public sector orgs. The test is is the task/role transferring to a reasonable degree (reaonable obviously the negotiable)