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Alemo-Herron and ors v Parkwood Leisure Ltd [2013] CJEU Case C-426/11

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: TUPE; Collective Agreements; EU Law

The court was asked to give a preliminary ruling concerning the interpretation of Directive 2001/23 Article 3. The dispute in the main proceedings involved a private-sector undertaking, Parkwood, which had taken on staff formerly employed by a local authority.

The employment contracts of those employees provided that the contract would be in accordance with the collective agreements negotiated by the National Joint Council. The issue was whether Parkwood was bound by a new collective agreement which had been reached after the transfer of the undertaking to it.

The question referred was

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This article is correct at 19/07/2013
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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