February 13, 2017
by Jeffrey
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The Advocate General has provided an opinion in two joined cases referred from the German Labour Court on the issue of whether a transferee can be compelled to apply the provisions of a collective agreement adopted after the transfer. … Continue reading
February 13, 2017
by Jeffrey
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In this case the Advocate General of the ECJ has handed down an opinion on the issue of whether a transferee is required to take into account service with the transferor when calculating notice periods. This was a referral from … Continue reading
November 7, 2014
by Jeffrey
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The Issue The scope of Art 3(3) of the Directive which is concerned with the rights under collective agreements following a transfer The Facts The Austrian Chamber of Commerce (ACC) responsible for transport had entered two collective agreements on behalf of … Continue reading
September 5, 2013
by Jeffrey
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The Government’s proposals have been published and they not nearly as radical as had been anticipated by some, and feared by others. The big news is that Service Provision changes will remain albeit in a modified form to reflect the development of case law. … Continue reading
August 14, 2013
by Jeffrey
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The long reach of TUPE is illustrated by this case which concerns a collective agreement incorporated into the employment contracts of the Claimants who were first transferred 13 years ago in April 2000. The Facts The Claimants transferred from Ford … Continue reading
July 18, 2013
by Jeffrey
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The Court of Justice of the European Union (‘CJEU’) has handed down judgment in this case today (18 July 2013). Summary The CJEU has held where a transferee does not have the right to participate in the negotiating process relating to the collective … Continue reading
June 21, 2013
by Jeffrey
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According to Michael Rubenstein the ECJ decision in this case on whether collective agreements are static or dynamic will be handed down on the 18th July 2013. For the AG’s opinion click here.
May 29, 2013
by Jeffrey
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The issue in this long running case is whether collective agreements have a dynamic or static interpretation on transfer. Put another way do they freeze in time at the point of transfer or are employees who transfer entitled to rely on … Continue reading
May 28, 2013
by Jeffrey
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In this case two questions were referred to the ECJ: (i) When a contract of employment refers to a collective agreement (in force at the time of the transfer) to which only the transferor has signed up, is the transferee … Continue reading
May 28, 2013
by Jeffrey
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In this case the ECJ explored the extent of the of the exclusion for old-age, invalidity or survivors’ benefits under the Directive. (References to Articles in the Directive are to the current Directive]. This exclusion is set out in Reg … Continue reading