Facts, not wishes, determine how Tupe is applied
McLean was a nurse in the BBC’s occupational health unit, which was outsourced to Capita. She raised a grievance and it was agreed that she would be seconded to Capita for six weeks after the transfer and then take early retirement.

The EAT held that an employee is entitled to object to transferring under Tupe, but McLean’s agreement to limit her working to six weeks did not equate to an objection.