Suzen v Zehnacker Gebaudereinigung Krankenhausservice (Judgment): ECJ 11 Mar 1997

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
Council Directive 77/187/EEC
Cited by:
CitedGreenhalf and Another v OCS Cleaning South Ltd and Another EAT 17-May-2001
The applicants worked for the first respondent cleaning a certain set of offices. The company lost the contract to the second respondent. They claimed that their had taken place a transfer of undertakings within the regulations. They appealed a . .
CitedADI (UK) Limited v Firm Security Group Limited CA 22-Jun-2001
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 . .
CitedRonald McLeod, James Welsh v Charles Bingram T/Aphoenix Taxis Rainbow Cars Ltd T/A Rainbow Taxis EAT 22-Apr-2002
EAT Transfer of Undertakings – Transfer
A company purported to dissolve, but the business was then effectively resurrected by the second respondent. The claimants asserted that there had been a transfer . .
CitedAllen and Others v Amalgamated Construction Co Ltd ECJ 10-Dec-1999
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 . .
CitedAstle and others v Cheshire County Council and Omnisure Property Management Ltd EAT 20-May-2004
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 . .

Lists of cited by and citing cases may be incomplete.

European, Employment

Updated: 04 January 2022; Ref: scu.161498