This is a preview. To continue reading, register for free access now. Register now or Log in

Transfer of undertakings: Transfer to public service can result in reduced pay

This report relates to 1 case(s)

  • expand disabled

    Boor, née Delahaye v Ministre de la Fonction Publique et de la Réforme Administrative [2005] IRLR 61 ECJ (0 other reports)

Key points

In Boor (née Delahaye) v Ministre de la Fonction publique et de la Réforme administrative, the ECJ holds:

  • The Business Transfers Directive (77/187/EC) can be interpreted as not precluding, in principle, the state reducing the remuneration of the transferred employees to comply with national public sector pay rules upon a transfer from a private organisation to the public service. Where this happens, however, the state as the transferee is obliged to take into account an employee's length of service in calculating remuneration.