What if an employee is only temporarily assigned?

Under Regulation 2 of TUPE, “assigned” means “assigned other than on a temporary basis”. An employee who is working temporarily for the transferring part of the business will not transfer. For example, in Securiplan v Bademosi UKEAT/1128/02, Mr Bademosi was temporarily transferred to another site following an injury. When that site transferred under TUPE, he did not have to transfer, but instead could stay with his existing employer.