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)
Issues covered: Collective agreements; Contracts of employment; Employees' rights; EU law; Pay rises; Transfer of Undertaking

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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This article is correct at 22/02/2013

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