July 9, 2020
by Jeffrey
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G was employed by ISS from 2002. ISS is a cleaning and maintenance service provider to the local authority in Ghent, Belgium. It had a contract consisting of 3 lots. Lot 1: museums and historic buildings; Lot 2: libraries and … Continue reading
May 13, 2019
by Jeffrey
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In this case the ECJ were asked to consider whether there was a transfer under Art 1(1) of the Directive in a Slovenian case in which domestic banking legislation mandated the transfer of client accounts to an authorised broker on … Continue reading
August 31, 2018
by Jeffrey
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The Issue This case principally concerns Reg 3(5) and what amounts to “an administrative reorganisation of public administrative authorities or the transfer of administrative functions between public administrative authorities”. The Background This case concerns transfers that arose out of the reorganisation … Continue reading
August 12, 2018
by Jeffrey
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In this case the closure of an undertaking for a period of 5 months did not have the effect of preventing a transfer under the Acquired Rights Directive. The Facts CS was music teacher employed by a music school. The … Continue reading
December 12, 2017
by Jeffrey
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It is not uncommon for a business to be acquired by a transferee over a prolonged period, or, in share sale scenario, for control of the business to be increased by a parent company over time such that the parent … Continue reading
November 28, 2017
by Jeffrey
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This case raises the question of whether a service provision change amounted the transfer of an economic entity that retained its identity (i.e. an old style transfer within Art 1(1) – TUPE Reg 3(1)(a)). (In Portugal there is no service … Continue reading
September 6, 2017
by Jeffrey
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This is a rare case of an offshore transfer. At issue was whether the employee was entitled to transfer to Manila in the Philippines on his existing UK terms and conditions (‘Ts and Cs’). The Facts C was employed by the … Continue reading
June 13, 2017
by Jeffrey
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Postscript My last post concerned this case when an interim injunction was refused. I noted the case raised interesting arguments in relation to the interaction between TUPE and restrictive covenants and, in particular, the right to object under Reg … Continue reading
October 10, 2016
by Jeffrey
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This case concerns a Reg 3(1)(a) transfer in the context of the termination of a franchise agreement and an employee who was on maternity leave. It restates the need to approach ‘old style’ transfers by applying a multifactorial approach. The … Continue reading
February 10, 2016
by Jeffrey
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This case was an appeal essentially on the facts, however, it is useful because the EAT (Simler P) has summarised and reminded us of some important principles on the following subjects: Transfer of an economic entity (Reg 3(1)(a)). Whether the … Continue reading