Could the ECJ change its stance on harmonising terms and conditions following a TUPE transfer?

Consultant editor Darren Newman asks if a recent European Court of Justice ruling on TUPE could herald a less rigid approach to the issue of harmonising terms and conditions following a TUPE transfer. 

  • Darren Newman's perspective article In Alemo-Herron, the Court said that the Directive does not just protect workers, but also "seeks to ensure a fair balance" between the interests of the employees on the one hand and the employer on the other. The Court went on to say that the new employer "must be in a position to make the adjustments and changes necessary to carry on its operations".