TUPE: no valid objection where employee "seconded" to transferee post-transfer

• Authors:
• Kim Pattullo
• Sheila Gunn
• Blair Adams

In Capita Health Solutions v. BBC and McLean, the EAT has held that there is no valid objection to a transfer where an employee is seconded to the transferee after a TUPE transfer.

Background

Mrs McLean was employed by the BBC as an occupational health nurse. The BBC outsourced its HR department, including its occupational health department, to Capita. The BBC and Capita regarded this as a service provision change under TUPE. Mrs McLean did not want to work for Capita and resigned. She ag... (253 more words)

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