Employment transfer but not under TUPE?

[Awakeupnorth]

Is there such a thing as a transfer of employment, but not under TUPE? And what might it mean? Current employer is being extremely vague.

TUPE doesn’t automatically apply, so perhaps your employer is as yet unsure whether it will apply to the transfer they are contemplating?

www.gov.uk/transfers-takeovers

TUPE applies to

• employees being transferred as an entire business to a new organisation (incoming employer) or

• a specific service is transferred to a new company for example an outsourcing arrangement - common in IT, where companies like IBM take on a ready-trained workforce of IT professionals.

If you don't fall into one of the above you probably won't be TUPE'ed. What that means is your rights are not protected such as continuity of service, pay and conditions, pension. Continuity of service is particularly impactful for older workers who have been employed for eg: 20 years who find their service clock reset to zero as a new employee with no two year service protections which they'd get under TUPE.