Victoria Bell is managing associate and Gerri Hurst, Carly Mather and Andrew Nealey are associates and Eleanor Cittern is a trainee solicitor at Addleshaw Goddard LLP.
The law on informing and consulting prior to TUPE transfers, including the obligation to inform and consult under the Transfer of Undertakings (Protection of Employment) Regulations 2006, informing and consulting appropriate representatives and the exception for micro-businesses, and pre-transfer collective redundancy consultation.
The Court of Session has held that a dismissal that results from the expiry of a fixed-term contract does not automatically count towards the threshold for triggering collective redundancy consultation obligations.
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.
This XpertHR survey examines how employers work with their recognised trade unions, the level of membership and scope of recognition agreements, as well as the incidence of collective disputes.
HR and legal information and guidance relating to collective employee relations.