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

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

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

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 . .