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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

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.