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 claimant had been deprived of his private right to claim. There remained the right to claim directly from the respondent.
Judges:
Lady Justice Arden Lord Philips Of Worth Matravers, Mr Lord Justice Dyson
Citations:
[2003] EWCA Civ 1767, Times 12-Dec-2003, Gazette 22-Jan-2004, [2004] ICR 512, [2004] 1 All ER 1148
Links:
Statutes:
Council Directive 77/187/EEC (OJ 1977 L61/26)
Jurisdiction:
England and Wales
Citing:
Cited – 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 . .
Cited – Woodcock and others v Committee for the Time Being of the Friends School, Wigton CA 1987
A school, which had been operated by Quakers as a registered charity, had been sold to a company. The issue was whether or not this was a transfer covered by TUPE. The Industrial Tribunal, the Employment Appeal Tribunal held that it was not, on the . .
Cited – 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 . .
Cited – Hofner and Elser v Macrotron (Judgment) ECJ 23-Apr-1991
Europa A public employment agency engaged in the business of employment procurement may be classified as an undertaking for the purpose of applying the Community competition rules since, in the context of . .
Cited – Birch v Nuneaton and Bedworth Borough Council EAT 1995
‘The decision in the Commission’s case was on the basis of a concession made by the United Kingdom that non-profit-making organisations are excluded by the Regulations. That concession is not binding on the parties, or on the industrial tribunal or . .
Lists of cited by and citing cases may be incomplete.
Employment, European
Updated: 12 November 2022; Ref: scu.188640
