The acquired rights directive does not protect pension rights which might be acquired after the transfer of an undertaking. It can only safeguard rights existing at the time of the transfer. Citations: Times 19-May-1997, [1997] EWCA Civ 1699, [1997] 3 CMLR 79, [1997] ICR 834, [1997] IRLR 436, [1997] Pens LR 145, [1998] OPLR 119 … Continue reading Adams and others v Lancashire County Council Bet Catering Services Limited: CA 15 May 1997

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

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

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

There is an inherent conflict between the need to promote freedom of competition, and the need to restrict competition to promote continuity of employment. The transfer of undertakings regulations must apply to the re-allocation of public service contracts. The absence of any direct contractual connection between the transferor and transferee of a contract was important … Continue reading Liskojarvi and Another v Oy Liikenne Ab: ECJ 25 Jan 2001

Salesmen were transferred to a new dealership at a different workplace without any guarantee as to client base or sales figures, so that there was potential for an adverse impact on commission. Held: All these components were ‘working conditions’. The change was substantial because it was a change in remuneration. Citations: C-171/94, [1996] EUECJ C-171/94, … Continue reading Merckx and Neuhuys v Ford Motors Company Belgium (Rec 1996,p I-1253) (Judgment): ECJ 7 Mar 1996

ADI appealed against a decision that, when they took over a services contract, there had been a transfer within the Regulations. Held: Though no assets tangible or otherwise, had been transferred, this was a contract to provide services at a location and in circumstances, and the EAT found an economic entity. The state of the … Continue reading ADI (UK) Limited v Firm Security Group Limited: CA 22 Jun 2001

The employments of civil servants had been transferred to the defendant company. There had been some delay between their resignations and the new arrangements. The employee claimed the protection of the directive, saying that there had been a transfer of an undertaking, with employees, premises and database. It was said that the Regulations failed properly … Continue reading Celtec Limited v Astley and others: HL 10 Nov 2003

A transfer of a contract to provide business services, without the transfer of significant assets was not a transfer of an undertaking within the Directive. Nevertheless the transfer of tangible assets was only one factor among several. Times 26-Mar-1997, C-13/95, [1997] IRLR 255, [1997] EUECJ C-13/95, [1997] ICR 662 Bailii Council Directive 77/187/EEC European Cited … Continue reading Suzen v Zehnacker Gebaudereinigung Krankenhausservice (Judgment): ECJ 11 Mar 1997

The employees asserted unauthorised deductions from their wages. The company appealed against an order re-instating their claims. When employed by the council, the claimants had the right to pay increases in accordance with rates set by national negotiations, and claimed the benefit of increases negotiated after they had been transferred to the appellant. The employer … Continue reading Parkwood Leisure Ltd v Alemo-Herron and 23 Others: CA 29 Jan 2010

The claimants had been employed by a local authority and then transferred to the respondents. They had had the benefit that their terms of employment were subject to collective agreement. The respondent was not part of the negotiation of later . .

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

Civil servants had been transferred to Training and Enterprise Councils in 1990, and resigned from the Civil Service in 1993. They appealed a decision that there had not been a transfer of an undertaking, and that they had continuity of employment. Held: The tribunal had focused on the date of transfer. Looking at the Directive … Continue reading J Astley and others v Celtec Ltd: CA 19 Jul 2002

The employer appealed a finding that there had been continuity of employment between itself and a previous employer. The employees had sought a statement as to their terms of employment. The employer was a training and enterprise council, to whom the employees had first been seconded from the Department of Employment. There was an unresolved … Continue reading Celtec Limited v John Astley Julie Owens, Deborah Lynn Hawkes: EAT 5 Oct 2001