Disciplinaries still unresolved at the transfer date


It is not uncommon for disciplinaries to be unresolved at the transfer date, especially in the context of the ending and non-renewal of service delivery contracts. 


Where an employee belongs to the team (the “organised grouping”) that provides the contracted services, but has been suspended by their employer for disciplinary reasons before the transfer date, he or she will still transfer with other team members to the new service provider on the transfer date. The law treats a suspended employee as it would any other team member who is absent at the transfer date for reasons such as sickness, maternity leave or holiday (Jakowlew v Nestor Primecare Services Limited t/a Saga Care [2015] UKEAT/0431/14/BA).