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North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Civil servants had been transferred to a private company. At first they worked under secondment from the civil service. They asserted that they had protection under TUPE and the Acquired Rights Directive. The respondent said that there had only been a transfer over time, so as to diminish their periods of continuous employment. The matter … Continue reading North Wales Training and Enterprise Council Ltd v Astley and others: HL 21 Jun 2006

Astle and others v Cheshire County Council and Omnisure Property Management Ltd: EAT 20 May 2004

EAT Issue whether Employment Tribunal asked itself the right question and/or was perverse in failing to find that the principal reason for the Council’s changed arrangements was to thwart TUPE and hence that the ECM point should have been injected into the (otherwise correctly applied) Spijkers test. Appeal dismissed. Judges: The Honourable Mr Justice Burton … Continue reading Astle and others v Cheshire County Council and Omnisure Property Management Ltd: EAT 20 May 2004

Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

The House faced two questions regarding the protection given by the Regulations: ‘whether the dismissed employee can compel the transferee to employ him or whether he is given the right to enforce as against the transferee such remedies under national law as he could have enforced against the transferor.’ and ‘whether, if despite dismissal they … Continue reading Wilson and Others v St Helens Borough Council; Meade and Another v British Fuels Ltd: HL 29 Oct 1998

ADI (UK) Ltd v Willer and others: EAT 18 Apr 2000

EAT The employees appealed against a finding that there had been no transfer of an undertaking when their service business had been sold and they had been dismissed. Held: The appeal failed. No assets, physical or otherwise had been transferred: ‘we can see no reason to doubt the Tribunal’s conclusion that there was no transfer. … Continue reading ADI (UK) Ltd v Willer and others: EAT 18 Apr 2000

Alderson and others v Secretary of State for Trade and Industry: CA 8 Dec 2003

The claimant had been employed in a government department, the work of which was transferred to a private company. He sought to claim compensation for the adverse changes in his contract. Held: At the time, the Regulations gave protection only to employees of commercial enterprises. This did not properly implement the directive, and accordingly the … Continue reading Alderson and others v Secretary of State for Trade and Industry: CA 8 Dec 2003

Gefco UK Ltd v J S Oates Car and Delivery Co Ltd: EAT 17 Jun 2005

EAT TUPEEmployment Tribunal correctly applied relevant European Court of Justice authorities in assessing the Spijkers factors and holding there was a relevant transfer of part of an undertaking. Judges: McMullen QC J Citations: [2005] UKEAT 0014 – 05 – 1706 Links: Bailii Citing: Cited – Spijkers v Gebroeders Benedik Abattoir ECJ 18-Mar-1986 ECJ Social policy … Continue reading Gefco UK Ltd v J S Oates Car and Delivery Co Ltd: EAT 17 Jun 2005

Berg And Busschers v Besselsen: ECJ 5 May 1988

Europa Social Policy – Article 3(1) of Directive 77/187/EEC which concerns the safeguarding of employees’ rights in the event of transfers of undertakings must be interpreted as meaning that after the date of transfer, and by virtue of the transfer alone, the transferor is discharged from all obligations arising under the contract or the employment … Continue reading Berg And Busschers v Besselsen: ECJ 5 May 1988

Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv: ECJ 7 Feb 1985

ECJ Article 3(1) covered the rights and obligations of the transferor arising from a contract of employment or an employment relationship existing on the date of the transfer and entered into with employees who, in order to carry out their duties, are assigned to the part of the undertaking or business transferredRotterdamsche . . claims … Continue reading Arie Botzen And Others v Rotterdamsche Droogdok Maatschappij Bv: ECJ 7 Feb 1985

Fairhurst Ward Abbotts Limited v Botes Building Limited and others: CA 13 Feb 2004

A claim was made under the TUPE regulations. The company replied that the part of the business transferred was not a discrete economic entity. Held: The regulations did not require that in order to be governed by the regulations, a business transferred had to be a discrete entity. Judges: Lord Justice May Lord Justice Mummery … Continue reading Fairhurst Ward Abbotts Limited v Botes Building Limited and others: CA 13 Feb 2004

Commission v United Kingdom (Judgment): ECJ 8 Jun 1994

ECJ Despite the limited character of the harmonization of rules in respect of collective redundancies which Directive 75/129 was intended to bring about, national rules which, by not providing for a system for the designation of workers’ representatives in an undertaking where an employer refuses to recognize such representatives, allow an employer to frustrate the … Continue reading Commission v United Kingdom (Judgment): ECJ 8 Jun 1994

Ann Watson Rask and Christensen v ISS Kantineservice A/S: ECJ 12 Nov 1992

Europa Article 1(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that the directive may apply in a situation in which one businessman, by a … Continue reading Ann Watson Rask and Christensen v ISS Kantineservice A/S: ECJ 12 Nov 1992

Katsikas and others v Konstantinidis and others: ECJ 16 Dec 1992

ECJ Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings is to be interpreted as not precluding an employee of the transferor on the date of the transfer of the undertaking, within the meaning of … Continue reading Katsikas and others v Konstantinidis and others: ECJ 16 Dec 1992

Redmond Stichting v Bartol and others (Judgment): ECJ 19 May 1992

Europa Article 1(1) of Council Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that the expression ‘legal transfer’ covers a situation in which a public authority … Continue reading Redmond Stichting v Bartol and others (Judgment): ECJ 19 May 1992

Giuseppe d’Urso, Adriana Ventadori and others v Ercole Marelli Elettromeccanica Generale SpA: ECJ 25 Jul 1991

Europa Article 3(1) of Directive 77/187 on the approximation of the laws of the Member States relating to the safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses is to be interpreted as meaning that all contracts of employment or employment relationships existing on the date of the … Continue reading Giuseppe d’Urso, Adriana Ventadori and others v Ercole Marelli Elettromeccanica Generale SpA: ECJ 25 Jul 1991

P Bork International A/S, in liquidation v Foreningen af Arbejdsledere I Danmark: ECJ 15 Jun 1988

ECJ Although it is true that, unless otherwise expressly provided, Directive 77/187 relating to the safeguarding of employees’ rights in the event of transfers of undertakings may be relied upon solely by workers whose contract of employment or employment relationship is in existence at the time of the transfer, and that the existence or otherwise … Continue reading P Bork International A/S, in liquidation v Foreningen af Arbejdsledere I Danmark: ECJ 15 Jun 1988

Spijkers v Gebroeders Benedik Abattoir: ECJ 18 Mar 1986

ECJ Social policy – approximation of laws – transfers of undertakings – safeguarding of employees’ rights – Directive no 77/187 – transfer – meaning(Council Directive no 77/187, art. 1(1).The expression’ transfer of an undertaking, business or part of a business to another employer’ in article 1(1) of directive no 77/187 envisages the case in which … Continue reading Spijkers v Gebroeders Benedik Abattoir: ECJ 18 Mar 1986

Allen and Others v Amalgamated Construction Co Ltd: ECJ 10 Dec 1999

The European rules protecting employees rights on the transfer of undertakings operated also when employees when employees were transferred between two separate companies which were subsidiaries of another. They were legally distinct employers, even though some management was common within the group. Citations: Times 10-Dec-1999, [2000] ICR 436, C-234/98, [2000] IRLR 119, [1999] EUECJ C-234/98 … Continue reading Allen and Others v Amalgamated Construction Co Ltd: ECJ 10 Dec 1999