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Advocate General suggests that TUPE law can allow transferor's pay agreement to survive transfer

This report relates to 1 case(s)

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    Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ (0 other reports)

    The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ that a transferee is not bound by "dynamic" clauses in contracts of employment referring to collective agreements negotiated after the transfer, where that transferee cannot participate in the negotiation process.

transfer of undertakings | collective agreements | pay increase after transfer

The Advocate General has taken the view that the TUPE Regulations can be given a "dynamic" interpretation, suggesting that UK law can permit the survival after transfer of a pay increase negotiated under a collective agreement signed by the transferor before the transfer.