Instruction to remove employee(s) from an ‘organised group’ is not enough to prevent them transferring under TUPE

In Jakowlew v Nestor Primecare Services Ltd t/a Saga Care and another, the EAT reinforced a strict application of TUPE, ruling that, despite a contractual breach on the part of a transferor to remove an employee from a contract which was to be transferred, the employee in question remained subject to TUPE.

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