Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ
Reports relating to this case:
TUPE: "Dynamic" contractual clauses derived from collective agreements not enforceable against transferee unable to participate in negotiations
- 31 December 2013
In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.
- 18 July 2013
The European Court of Justice has 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.