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Capita Health Solutions v (1) British Broadcasting Corporation (2) McLean - if employment continued after TUPE transfer there cannot have been a valid objection, under TUPE, to that transfer - EAT 1.5.08

BBC transferred its occupational health (OH) department to Capita as of 1 April 2006. OH nurse Mrs MacLean objected to being transferred. She resigned on 31 March 2006, stating that due to her professional commitments she would work a "period of secondment" with Capita until she actually left on 12 May. BBC retained nothing of its OH department and there was no role that Mrs MacLean could have returned to with the BBC at the end of any "secondment". However BBC and Capita agreed to the arrangement and BBC paid Mrs MacLean for what it saw as her working out her notice period.

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