Parkwood Leisure Ltd v Alemo-Herron and others [2011] IRLR 696 SC

In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the European Court of Justice held 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.

Reports relating to this case:

  • TUPE: contractors exposed on pay bargaining

    Date:
    1 May 2013

    Private companies that acquire staff from the public sector may still have to honour pre-existing collective agreements, writes Christopher Mordue.

  • TUPE: Supreme Court asks ECJ if transferee has to honour pay agreement signed by transferor

    Date:
    16 June 2011

    The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer.