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 Werhof – Negative aspect of the fundamental right to freedom of association – Freedom to conduct a business – Articles 12 and 16 of the Charter of Fundamental Rights of the European Union)
Judges:
Cruz Villalon AG
Citations:
C-426/11, [2013] EUECJ C-426/11
Links:
Citing:
At SC – Parkwood Leisure Ltd v Alemo-Herron and Others SC 15-Jun-2011
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 . .
At CA – Parkwood Leisure Ltd v Alemo-Herron and 23 Others CA 29-Jan-2010
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 . .
At EAT – Alemo-Herron v Parkwood Leisure Ltd EAT 12-Jan-2009
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 . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 14 November 2022; Ref: scu.471042