Parkwood Leisure Ltd v Alemo-Herron and ors [2012] CJEU Case C-426/11 AG Opinion
Posted In: Case Law-
Case Reference
CJEU Case C-426/11 -
Legal Body
Court of Justice EU (CJEU/ECJ) -
Type of Claim / Jurisdiction
Transfer of Undertaking (TUPE)
The appellant employees (A) appealed against a decision that their entitlement to pay increases negotiated by collective agreement was not protected under the Transfer of Undertaking (Protection of Employment) Regulations 1981 (TUPE) reg.5 post-transfer of their employment to the respondent employer (B). A had been entitled under their contracts of employment with a local authority to pay increases in accordance with collective agreements negotiated by the National Joint Council for Local Government Services (NJC). Their contracts were transferred under the Regulations to a privatesector employer and then further transferred to P, also a private-sector employer.
P refused to recognise a pay
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