TUPE process

[Mossychopper]

Currently going through the TUPE process. They used the 50% rule to establish who was in scope to transfer over. I was way out of scope. They then moved the goalposts to incude any employee who had experience of at least one aspect of the job. This brought me into scope even though my time on that part of the operation accounted for about 10%. Are they acting within the law?

[ULA]

The percentage test has been an established method in TUPE which essentially states that if an employee spends 50% or over of working time in the transferring business or service then they will transfer under TUPE.

However this test has proved controversial and there are plenty of tribunal outcomes that support this because sometimes it is not always as simple as percentages. An employee may well spend over 50% of their time or less on a particular account or service that is being transferred, but for example they might be assigned to a specific department that is not transferring. It is important therefore to consider the job description of an employee stated in the employment contract. So potentially it might be within the law.

TUPE is extremely complex and a post of just over 3 lines is not going to provide the level of detail to give any further advice other than the statement above.