The Employment Appeal Tribunal has held that the underlying premise of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (SI 2006/246) means that, on a transfer, a transferring employee cannot be regarded as a job applicant and a transferee cannot be considered to have made an offer of employment.

For full coverage of this case, see Practical Law Employment, Legal update, Are employees who object to a TUPE transfer protected from discrimination by the transferee? (EAT)