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Transfer of undertakings: Offer of new contracts on different terms not connected to transfer of an undertaking

This report relates to 1 case(s)

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    Ralton v Havering College of Further and Higher Education [2001] IRLR 738 EAT (0 other reports)

In Ralton v Havering College of Further and Higher Education 27.06.01 EAT 666/00, the EAT holds that the expiry of fixed-term contracts and the introduction of new contracts on different terms following a transfer of an undertaking did not amount to a variation of contract, prohibited by the Acquired Rights Directive. Under national law, the contracts were terminated, not varied, and there was no overarching employment relationship under European law on which to found a variation. It is for national law to determine the nature of an employment relationship and the rights and obligations that arise thereunder. In any event, the changes were not by reason of the transfer, although the transfer provided a general setting for them.