Source: IRS Employment Review Issue: 905 Date: 16/09/2008 Publisher: IRS

TUPE: Objection to transfer not valid

TOPICS:
terms, conditions and employee rights general rights
termination of employment  business changes

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Capita Health Solutions Ltd v McLean and another [2008] IRLR 595 EAT (3 reports)


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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