ECJ (Judgment Of The Court) Request for a preliminary ruling – Social policy – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Transfer of employment relationships in the . .
ECJ Judgment – Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights – Obligation on the transferee to take on workers – Public . .
ECJ Opinion – Transfer of undertakings – Safeguarding of employees’ rights – Directive 2001/23/EC – Article 3(3) – Collective agreement applicable to the transferor and to the employee at the time of the transfer – Dynamic clauses referring to current and future collective agreements – Scope of the judgment of the Court of Justice in … Continue reading Alemo-Herron and Others v Parkwood Leisure Ltd: ECJ 19 Feb 2013
ECJ Transfers of undertakings – Directive 2001/23/EC – Safeguarding of employees’ rights – Employee representatives – Autonomy of the entity transferred Judges: Lenaerts, P Citations: [2010] EUECJ C-151/09, C-151/09 Links: Bailii Statutes: Directive 2001/23/EC Citing: Opinion – Federacion de Servicios Publicos de la UGT v Ayuntamiento de la Linea de la Concepcion; Maria del Rosario … Continue reading Federacion de Servicios Publicos de la UGT v Ayuntamiento de la Linea de la Concepcion; Maria del Rosario Vecino Uribe: ECJ 29 Jul 2010
The employer was in financial difficulties. A new company was formed by a customer to acquire its assets, and the employees, including the claimant were taken on by the new company. The claimant was dismissed within a year after. On claiming unfair dismissal, the new company said that he had no continuity of employment from … Continue reading Oakland v Wellswood (Yorkshire) Ltd: CA 30 Jul 2009
ECJ Opinion – Transfers of undertakings – Safeguarding of employees’ rights – Employee representatives – Autonomy of the entity transferred. Judges: Sharpston AG Citations: C-151/09, [2010] EUECJ C-151/09 – O Links: Bailii Statutes: Directive 2001/23/EC Jurisdiction: European Cited by: Opinion – Federacion de Servicios Publicos de la UGT v Ayuntamiento de la Linea de la … Continue reading Federacion de Servicios Publicos de la UGT v Ayuntamiento de la Linea de la Concepcion; Maria del Rosario Vecino Uribe: ECJ 6 May 2010
EAT TRANSFER OF UNDERTAKINGS: Acquired rights directive TRANSFER OF UNDERTAKINGS: Varying terms of employment As a matter of construction of TUPE Reg 5(1), a contractual term entitling employees to pay ‘in accordance with collective agreements negotiated from time to time by [the NJC]’ is protected on a TUPE transfer to the private sector so as … Continue reading Alemo-Herron v Parkwood Leisure Ltd: EAT 12 Jan 2009
EJ (Approximation Of Laws) Social policy – Directive 2001/23/EC – Transfer of undertakings – Safeguarding of employees’ rights – Concept of ‘transfer’ – Legal transfer of a part of a business to another undertaking – Organisational autonomy following the transfer. Citations: C-466/07, [2009] EUECJ C-466/07 Links: Bailii Jurisdiction: European Employment Updated: 23 July 2022; Ref: … Continue reading Dietmar Klarenberg v Ferrotron Technologies GmbH: ECJ 12 Feb 2009
Social policy – Directive 2001/23/EC – Article 1(1)(a) and (b) – Transfer of undertakings – Maintenance of workers’ rights – Scope – Concept of ‘transfer’ – Existence of an ‘economic unit’ – Takeover of a cleaning service in a public building by a municipality in its capacity as an administration Citations: C-463/09, [2010] EUECJ C-463/09 … Continue reading Clece (Social Policy): ECJ 26 Oct 2010
Social policy – Directive 2001/23/EC – Transfers of undertakings – Safeguarding of employees’ rights – Concept of ‘transfer’ – Cleaning – Cleaning carried out directly by a municipal authority with recruitment of new staff Citations: [2011] EUECJ C-463/09, [2011] IRLR 251, [2011] 2 CMLR 30, [2011] ICR 1319 Links: Bailii Jurisdiction: England and Wales Citing: … Continue reading Clece (Social Policy): 20 Jan 2011
Reference for a preliminary ruling – Directive 2001/23/EC – Scope – Article 1(1) – Transfers of undertakings – Safeguarding of employees’ rights -Service contract for the management of a municipal Academy of Music – Cessation of the activity of the first contractor before the end of the current school year and designation of a new … Continue reading Colino Siguenza (Transfers of Undertakings – Safeguarding of Employeesa Rights – Dismissal By Reason of Transfer – Judgment): ECJ 7 Aug 2018
Safeguarding of Employees Rights – Taking Over of Employment Contracts In Accordance With The Terms of A Collective Agreement – Judgment – Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Transfer of an undertaking – Article 3(1) – Safeguarding of employees’ rights – Taking over of employment contracts in accordance with … Continue reading Somoza Hermo and Ilunion Seguridad: ECJ 11 Jul 2018
(Transfers of Undertakings or Businesses – Safeguarding of Employees’ Rights : Judgment) Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Transfers of undertakings or businesses – Safeguarding of employees’ rights – Obligation on the transferee to take on workers – Provision of security guard services carried out by an undertaking – … Continue reading Securitas v ICTS Portugal: ECJ 19 Oct 2017
EAT Transfer of undertaking – notification of employee liability information – regulation 11 TUPE Born had taken over a contract from Spire in circumstances that amounted to a service provision change for TUPE purposes. In providing information to Born prior to the transfer, Spire had stated that a non-contractual Christmas bonus was in place. Born … Continue reading Born London Ltd v Spire Production Services Ltd: EAT 28 Mar 2017
ECJ Social Policy – Judgment – Reference for a preliminary ruling – Social policy – Directive 2001/23/EC – Article 3 – Safeguarding of employees’ rights in the event of transfers of undertakings – Collective agreements applicable to the transferee and the transferor – Additional periods of notice granted to dismissed workers – Account to be … Continue reading Unionen v Almega Tjansteforbunden: ECJ 6 Apr 2017
Safeguarding of Employees’ Rights – Operation of Bus Routes – Judgment – Reference for a preliminary ruling – Directive 2001/23/EC – Article 1(1) – Transfer of an undertaking – Safeguarding of employees’ rights – Operation of bus routes – Re-employment of the staff – Operating resources not taken over – Grounds C-298/18, [2020] EUECJ C-298/18, … Continue reading Grafe and Pohle v Sudbrandenburger Nahverkehrs GmbH: ECJ 27 Feb 2020
The second defendant had become General Secretary of the first defendant after the amalgamation of two unions. The defendants agreed a compromise as to his term of office. The applicants sought declarations that they were now joint secretary. Held: The amalgamation had taken place under the 1992 Act. It was an issue as to whether … Continue reading Godrich and Serwotka v Public and Commercial Services Union and Reamsbottom: ChD 31 Jul 2002
ECJ (Advocate General’s Opinion) Social policy – Directive 2001/23/EC – Safeguarding of employees’ rights in the event of transfer of undertakings – Article 3, paragraph 3 – Termination of the collective agreement applicable to the transferor and the transferee – Continuing effects of the collective agreement – effects on the transferee M P Cruz Villalon … Continue reading Osterreichischer Gewerkschaftsbund v Wirtschaftskammer Osterreich, Fachverband-Bus, Luftfahrt-und Schifffahrtsunternehmungen: ECJ 3 Jun 2014
Employee protection limited on pre-pack insolvency ECJ Reference for a preliminary ruling – Directive 2001/23/EC – Articles 3 to 5 – Transfers of undertakings – Safeguarding of employees’ rights – Exceptions – Insolvency proceedings – ‘Pre-pack’ – Survival of an undertaking : Judgment [2017] WLR(D) 417, ECLI:EU:C:2017:489, [2017] EUECJ C-126/16 WLRD, Bailii Council Directive 2001/23/EC … Continue reading Federatie Nederlandse Vakvereniging and Others: ECJ 22 Jun 2017
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 . .
Royal Mail had transferred some of its businesses. The union complained that the company’s explanation of the effect of the transfer to its members was incorrect in law. The EAT had found that the employer need only tell the employee of its honestly held belief (in this case as to whether automatic transfers would take … Continue reading Royal Mail Group Ltd v Communication Workers Union: CA 14 Oct 2009