This leads to the question what, if any, circumstances now necessitate reliance on s 218(2) for continuity of employment to be established over periods of employment with more than one employer in succession. In the ordinary case where an employee transferred in circumstances in which it is held that TUPE applied, that will be sufficient for continuity to be preserved in respect of the period of employment with the previous employer (or each such employer, if there has been more than one TUPE transfer over the period in issue). TUPE does not apply to effect a transfer of employment, of course, where the employee was not assigned to the undertaking or part transferred, or objected to the transfer. The possibility that employees working within an undertaking were nevertheless not assigned to a particular
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