Five employees objected to a TUPE transfer two days after it had taken place and once they had been told the previously withheld identity of the new employer and realised they did not want to work for it.

The Chancery Division held that a valid objection can take place after the date of transfer where the employee does not initially know the identity of the transferee and objects promptly as soon as this is found out. The objection then has retrospective effect and prevents the operation of TUPE.

ISG Ltd v Vernon