Case round-up: TUPE transfer

This report relates to 1 case(s)

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  Celtec Ltd v Astley and others [2005] IRLR 647 ECJ (2 other reports)

  • TUPE case law update

    Date:

    2 February 2007

    This article looks at some of the important judgments in the area of the transfer of undertakings over the past year.

  • Transfer of undertakings: Transfers occur on objectively identified specific dates

    Date:

    15 July 2005

    In Celtec Ltd v Astley and others, the ECJ holds that Article 3(1) of the Business Transfers Directive (77/187/EC) must be interpreted as meaning that the "date of a transfer" is the date on which the employer's responsibility for carrying on the business of the unit transferred moves from the transferor to the transferee. That date is a particular point in time, which cannot be postponed to another date at the will of the transferor or transferee.