TUPE transfer: employed immediately before the transfer?

In the recent case of Bangura v Southern Cross Healthcare Group Plc, the Employment Appeal Tribunal considered the question of whether an employee could be protected by Transfer of Undertakings (Protection of Employment) (TUPE) — a decision that has implications for many ISH providers.

In this case, Ms Bangura had been dismissed prior to the transfer, but an appeal against her recent dismissal was outstanding at the time of both the transfer and the Employment Tribunal hearing.

Ms Bangura worked at a care home operated by Southern Cross. She was dismissed by reason of gross misconduct. Ms Bangura appealed this decision…

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