tupe

[alan30]

How does TUPE work when no single employee works 100% of their time on a project? This relates to a firm providing consultancy services to a client and the client is transferring the consultancy contract to a new employer. I can understand that if the current consultant has 10 employees who work 100% of their time on the consultancy contract then the 10 fall under TUPE. What happens if the maximum any one of the 10 works on the contract is 50% of their time how do you work out whether TUPE applies? Is it a calculation based on full time equivalents so if all the 10 employees time is added up and equates to 3 full time employees then three posts are covered by TUPE? If so which 3?

[Stu Dent]

I don't think that a transfer of undertakings arises here. It arises when there is a genuine and definite change of employer.

In your case, the client has decided to take their business elsewhere to another company. You are an employee of the consultancy firm NOT the client who contracts with the consultancy firm.

If A employs B and A sells his business to C, B then becomes an employee of C - a transfer of undertakings arises.

As far as I can tell, you are still employed by A and are entitled to nothing from C.

[buildersmate]

Agree with Stu. There is not a 'stable economic entity' being transferred. This is one of the tests as to whether TUPE applies.