TUPE: Transferee bound by collective agreements negotiated post-transfer
This report relates to 1 case(s)
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Alemo-Herron and others v Parkwood Leisure Ltd [2009] IRLR 322 EAT (1 other report)
The conclusion of this case was that the European Court of Justice decided in Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ 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.
In Alemo-Herron and others v Parkwood Leisure Ltd [2009] IRLR 322 EAT, the EAT held that employees transferred under TUPE were entitled to pay increases in accordance with the terms of a collective agreement incorporated into their contracts before the transfer, notwithstanding that the agreement was renegotiated and revised post-transfer, with the transferee playing no part in that process.
