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In Capita Health
Solutions v McLean and another
[2008] IRLR 595, the EAT held that an employee's objection to becoming employed
by the transferee did not have the effect of preventing the transfer of her
contract of employment, as she had undertaken work for the transferee after the
transfer date.
Key points - Where an employee carries out work for a
transferee employer after a TUPE transfer, this is incompatible with the
employee objecting to the transfer.
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