Parkwood Leisure Ltd v Alemo-Herron and others
This report relates to 1 case(s)
Parkwood Leisure Ltd v Alemo-Herron and others  EWCA Civ 24 CA (1 other report)
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 Court of Appeal has restored an employment tribunal decision that a transferee was not bound by the terms of a pay increase made under a collective agreement that was incorporated into the contracts before the transfer, where the increase was made under an agreement reached after the transfer in which the transferee played no part.
The employees were originally employed by the London Borough of Lewisham.