TUPE and applying for job at old employer

[elaeocarpus]

My current employer was split off as a new entity from my old employer about 6 years ago. All employees were TUPE'd into the new/current employer.

My question is, if i apply for a role at old/ previous employer i was TUPEd out from does the TUPE in any way allow me to transfer back in on same terms, continuous length of service etc? Or does TUPE make no difference and I would be a new employee starting on whatever the current TCs are and no continuity of length of service?

Interesting question and I don’t know the answer to it! Is there anything written into the TUPE documentation about it? Or your contract?

Hope this helps - Company A advertises a role the same as or similar to your current one, should you wish to apply you can but you have no more additional rights than anyone else applying and Company A can structure (within reason) their contracts, you would also lose any continuity of employment benefits such as protections and enhanced holidays based on tenure and could in fact end up worse of than when you left Company A.

So unless Company A are buying back the service / people from Company B, the OP has no rights, Company A are just A N Other 3rd party potential employer regardless of the fact you have worked there before.

Thanks @TequilaMockingburd, that is useful to know.

Agree with @TequilaMockingburd - TUPE makes no difference. You would be a new employee with no continuity of service and would start on whatever terms they offered.

No it would have no bearing, you would be a new employee

Thanks all