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 . .
The rights acquired by an employee in a transfer of undertaking were not capable of being waived by him, and remained exercisable against a transferee of an undertaking, despite the contents of any contract with the business purchaser. Citations: Gazette 18-Nov-1998, Times 22-Oct-1998, Gazette 11-Nov-1998, [1998] EWCA Civ 1551 Statutes: Transfer of Undertakings (Protection of … Continue reading Credit Suisse First Boston (Europe) Limited v Lister: CA 16 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
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
The claimant sought to continue an interim injunction obtained without notice. The claimant sought to restrain former employees misusing information it claimed they had taken with them. The claimants said that having objected to a transfer of their employments they had not become employees of the claimant. Held: Where an employee did not know the … Continue reading New ISG Ltd v Vernon and others: ChD 14 Nov 2007
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
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
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
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
ECJ 1. Social policy – approximation of laws – transfers of undertakings – safeguarding of employees’ rights – directive 77/187 – scope – lease – repossession of business by the owner following breach of the lease by the lessee – included (council directive 77/187, article 1 (1)) 2. Social policy – approximation of laws – … Continue reading Landsorganisationen I Danmark For Tjenerforbundet I Danmark v Ny Molle Kro: ECJ 17 Dec 1987
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
Before the alleged transfer, the undertaking of general building work operations, was carried on by the Northern Ireland Housing Executive through its Direct Labour Organisation then divided into four districts. The employee worked in two units then contracted out to two separate building contractors. In unfair dismissal proceedings it was asked whether there had been … Continue reading Hassard v Mc Grath and Others: CANI 1996
Mrs Nolan had been employed at a US airbase. When it closed, and she was made redundant, she complained that the appellant had not consulted properly on the redundancies. The US denied that it had responsibility to consult, and now appealed. Held: The appeal failed (Lord Carnworth dissenting). That the exact situation might not have … Continue reading The United States of America v Nolan: SC 21 Oct 2015
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
ECJ Social policy – Approximation of laws – Transfers of undertakings – Safeguarding of workers’ rights – Directive 77/187/EEC – Scope – Definition of transfer Citations: C-340/01, [2003] EUECJ C-340/01 Links: Bailii Statutes: Directive 77/187/EEC European, Employment Updated: 08 June 2022; Ref: scu.188354
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
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
ECJ (Judgment) Social policy – Harmonisation of laws – Transfers of undertakings – Safeguarding of workers’ rights – Directive 77/187/EEC – Scope – Transfer of an undertaking in voluntary liquidation Citations: C-399/96, [1998] EUECJ C-399/96, ECLI:EU:C:1998:532, [1999] All ER (EC) 831, [2001] 1 CMLR 25, [1998] ECR I-6965 Links: Bailii Jurisdiction: European European, Employment Updated: … Continue reading Europieces v Sanders and Automative Industries Holding Company: ECJ 12 Nov 1998
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 applies to a situation in which an undertaking which used to … Continue reading Francisco Hernandez Vidal SA v Perez, and Contratas y Limpiezas SL; Gomez Montana v Claro Sol SA and Red Nacional de Ferrocarriles Espanoles (Renfe): ECJ 10 Dec 1998
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
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
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
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
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
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
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
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
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
ECJ Safeguarding of employees’ rights in the event of transfers of undertakings, businesses or parts of businesses – Transfer to the transferee of the rights and obligations arising from a contract of employment – Date of transfer. Citations: Times 25-Nov-1996, [1997] IRLR 127, C-305/94, [1996] EUECJ C-305/94 Links: Bailii Statutes: EC Directive 77/187/EEC Cited by: … Continue reading Rotsart de Hertaing v Benoidt and IGC Housing Service (In Liquidation) and Another: ECJ 14 Nov 1996
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
ECFI Where the effect of suspending the operation of a Commission decision authorizing, at the request of employees’ representative bodies in some of the undertakings concerned, a concentration between undertakings pursuant to Regulation No 4064/89 would be to suspend the authorization granted throughout the course of the proceedings before the Court, and where the effect … Continue reading Comitu Central d’Entreprise de la SA Vittel and Comitu d’Etablissement de Pierval v Commission of the European Communities: ECFI 6 Jul 1993
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
Contrary position resulting from European judgement was inescapable. Better terms of employment imposed on an employee after transfer of undertaking were not enforceable against the employee. Citations: Times 16-Jul-1998 Statutes: Acquired Rights Directive 77/187/EEC Jurisdiction: England and Wales Employment Updated: 15 May 2022; Ref: scu.79617
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
Employment protection continued after liquidation where company continued to trade up to sale as going concern. Citations: Times 18-Mar-1998 Statutes: Council Directive 77/187/EEC Feb 14 1977 Jurisdiction: European Employment Updated: 09 April 2022; Ref: scu.82646
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
ECJ (Opinion) Social policy – Directive 77/187/EEC – Safeguarding of employees rights in the event of transfers of undertakings – Transfer of staff of a public entity to another public person – Recognition by the legislation of a Member State, such that interpreted by the supreme court of that State, seniority acquired before such transfer … Continue reading Scattolon v Ministero Dell Istruzione, Dell Universita E Della Ricerca: ECJ 5 Apr 2011
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 . .
The employers went into receivership in November 1983. A number of the employees were made redundant but the receiver hoped to carry on with the remaining workforce until February. However, a major customer threatened to withdraw its custom unless the undertaking had been sold as a going concern by 24 November. Negotiations for a sale … Continue reading Secretary of State for Employment v Spence: CA 1986
EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an emanation of the State within the meaning ascribed to that expression by the European Court of Justice in Foster v. British Gas Plc [1991] 2 AC 306. Judges: Mummery J Citations: [1994] UKEAT … Continue reading National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others: EAT 2 Nov 1994
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
Citations: [1994] UKEAT 905 – 93 – 2503 Links: Bailii Cited by: See Also – National Union of Teachers and Others v St Mary’s Church Of England Junior School and Others EAT 2-Nov-1994 EAT Whether the Acquired Rights Directive EC77/187 (‘the Directive’) is enforceable against the governing body of a voluntary aided school, as an … Continue reading National Union of Teachers and others v St Mary’s Church of England (Aided) Primary School and others: EAT 25 Mar 1994
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
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
Europa Council directive no 77/187 does not require the member states to enact provisions under which the transferee of an undertaking becomes liable in respect of obligations concerning holiday pay and compensation to employees who were not employed in the undertaking on the date of the transfer.The existence or otherwise of a contract of employment … Continue reading Knud Wendelboe and Others v LJ Music Aps, In Liquidation: ECJ 7 Feb 1985
The claimant suffered a condition which would lead to the development of vocal nodules unless she followed a program which would allow her to avoid raising her voice. She said that employer should not have placed her within a noisy environment. The employer appealed against a decision that she suffered a disability saying that she … Continue reading SCA Packaging Ltd v Boyle (Northern Ireland): HL 1 Jul 2009
