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Refusal to accept self-employed terms after TUPE transfer not a failure to mitigate loss

This report relates to 1 case(s)

  • expand disabled

    F&G Cleaners Ltd v Saddington and others [2012] IRLR 892 EAT (0 other reports)

TUPE | unfair dismissal | employment status

The Employment Appeal Tribunal (EAT) has held that two claimants did not fail to mitigate their losses when they refused to accept self-employed terms offered by a transferee that refused to recognise the continuation of their employment under TUPE.