I'm looking for some advice please.
As a result of an outsourcing deal Organisation A transfers some of its
employees to Organisation B under TUPE rules. Because the employees enjoy
continuity of employment their records can be transferred to Organisation
B. I have no problem with that.
However, I'm not so sure in the case of secondees. The scenario is that the
substantive post of an employee is transferred to Organisation B but the
employee is currently seconded into another post in Organisation A which is
not transferring. The employee, therefore, does not transfer to the
employment of Organisation B at the time of the implementation of the
outsourcing contract - and, for whatever reason, may never become an
employee of Organisaion B. Is it still legal in DPA terms for the personal
details of that employee to be given to Organisation B along with the
details of transferring employees?
TIA for your help,
Graham.
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