TUPE: contractors exposed on pay bargaining

This report relates to 1 case(s)

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  Parkwood Leisure Ltd v Alemo-Herron and others [2011] IRLR 696 SC (1 other report)

  In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the European Court of Justice 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.

  • TUPE: Supreme Court asks ECJ if transferee has to honour pay agreement signed by transferor

    Date:

    16 June 2011

    The Supreme Court has referred to the European Court of Justice the question of whether or not the TUPE Regulations should be given a "dynamic" interpretation, in the context of a dispute over a transferee's failure to honour the terms of a pay increase made under a collective agreement that was incorporated into the contracts of employment before the transfer.