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Single specific event or task of short-term duration
[ch 12: page 381]Whether a task or event is of short-term duration is a question of fact for the tribunal.
Example: One-off event
A single conference organised by a contractor on behalf of a client would be a one off event. Even if the contractor organises a team to put on the conference, if the client later decides to use a different contractor to organise a further conference, the members of the first team will not be required to transfer to the new contractor. (Source: BIS TUPE Guidance 2014).
To qualify for the exemption from TUPE, the one-off service must also be of short-term duration.
Example: Task or event of short-term duration
Imagine two contracts to provide security for the Olympic games. The first is to provide security advice to the organisers in the years running up to the event. The second is to supply security staff to protect athletes during the event. Both contracts have a “one-off” character, in the sense that they both concern a specific event. However, the first runs for a significantly longer time that the second. The first would be covered by TUPE, but the second would not. (Source: BIS TUPE Guidance 2014).
What matters is the commissioning client’s intention as to how long the task or event is to last at the point of commissioning the services. The fact that a task turns out to have taken longer than the client originally intended is irrelevant when deciding whether a service provision change has taken place. This is because the TUPE service provision change rules must operate clearly so that all affected parties, including employees, know from the moment a service contract changes hands whether or not their employment has transferred to a new employer. Working out whether TUPE applies can never depend on how events evolve over time. Otherwise the rules would be unworkable (Swanbridge Hire & Sales Limited v (1) Butler (2) GMB (3) Unite and (4) Kitsons [2013] UKEAT/0056/13/BA).