TUPE transfers: "dynamic" pay clauses not enforceable against transferee
This report relates to 1 case(s)
Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ (1 other report)
Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ
transfer of undertakings | collective agreements | pay increase after transfer
The European Court of Justice (ECJ) 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.