Pumpetypump wrote:
Does this mean that as of today any player can refuse to TUPE across and leave?
I reckon so. But the players' situation never was explained, having been TUPEd across to BB2014, there is no legal way that I have ever heard of how they came to be beamed back to OKB. I assume nobody made a fuss or took the point as they just wanted their wages paying, whoever paid them, but the consensus of legal opinion is that there can be no such thing as a reversible TUPE.
And if there was, and no actual TUPE (with hindsight) happened, so the players never actually left OKB, then interestingly where does that leave Scruton? As I say, this is such a minefield I fully expect everyone to quietly ignore it, and I expect they will all pretend that the players are being TUPEd from OKB to BBNL as if the previous TUPE which Scruton rejected never actually happened.
On which basis, yes, they can all refuse to be TUPEd and become free agents.