Capita Health Solutions v. British Broadcasting Corporation [2008] UKEAT 0034_07_0105 (1 May 2008)

Capita Health Solutions v. British Broadcasting Corporation [2008] UKEAT 0034_07_0105 (1 May 2008)

The claimant's employment transferred to the second respondents because her actions demonstrated agreement to work for the transferee post-transfer, and regulation 5(4A) did not apply; the claim against the first respondents was dismissed.

Citation
[2008] UKEAT 0034_07_0105
Parties
Claimant: Angela McLean; First Respondent: BBC; Second Respondent: Capita Health Solutions Ltd
Jurisdiction
United Kingdom
Judgment Date
01 May 2008
Procedural Posture
Employment Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
TUPE Transfer, Employee Objection, Secondment, Termination of Employment
Employment Law TUPE Transfer Employee Objection Secondment Termination of Employment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 11 Party arguments 2
Sign in to unlock

Parties

Angela McLean

Claimant

BBC

First Respondent

Capita Health Solutions Ltd

Second Respondent

Procedural Posture

Employment Appeal / Judgment on Appeal

Legal Issues

  1. 1 Whether the claimant's contract of employment transferred under TUPE despite her objection and subsequent six-week secondment to the transferee

Ratio Decidendi

The claimant's employment transferred to the second respondents because her actions demonstrated agreement to work for the transferee post-transfer, and regulation 5(4A) did not apply; the claim against the first respondents was dismissed.

Court Disposition

appeal dismissed

Orders

  • claim against first respondents dismissed