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In limited cases, employees can object to a TUPE transfer after the date of transfer

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Home Perspectives In limited cases, employees can object to a TUPE transfer after the date of transfer

In New ISG Limited v Vernon & Others [2007], the High Court has held that where the transferring employees are unaware of the identity of the transferor before a transfer under TUPE 2006 takes place, they may exercise their right to object to the transfer and resign. In those circumstances, their employment is regarded as never having transferred to the transferee.

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