TUPE transfer Private to Public sector England
I'm transferring under TUPE from a private employer to a public sector employer. It's my first time and I want to have a bit more understanding on what is protected under TUPE.
My contract states that my working pattern is subject to agreement with my line manager.
For the last 10 months, I've had an agreed working arrangement. Since January, this has included attending the office twice a month which was reduced to once a month in May due to childcare arrangements. Before January with my previous project I worked remotely since September, and throughout the whole 9/10-month period I've had flexibility to take a later lunch break for the school run.
Following my first TUPE consultation, I'm formally raising this with HR so my current working arrangement is recorded before the transfer. I am also documenting evidence such as my rota showing my office attendance pattern; and messages from when my working arrangement was agreed and formalised.
My Line Manager and Project Lead have also both provided me with written confirmation through email of my agreed working arrangements, including that my office attendance was reduced to once a month and that I have an agreed late lunch break for the school run.
The incoming employer has a standard office attendance policy but has said individual circumstances will be considered on a case-by-case basis.
Does this sound like the type of established working arrangement that could transfer under TUPE, or is it more likely to be viewed as an operational arrangement that doesn't transfer?