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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

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This article is correct at 22/02/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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