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TUPE: "Dynamic" contractual clauses derived from collective agreements not enforceable against transferee unable to participate in negotiations

This report relates to 1 case(s)

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.