Unionen v Almega Tjänsteförbunden ISS Facility Services AB [2015] CJEU C-336/15 (AG's Opinion)

Posted In: Case Law
  • Case Reference
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Article 3(1) of the Acquired Rights Directive; Notice periods for termination of employment; Collective agreements

In Unionen v Almega Tjänsteförbunden ISS Facility Services AB (Case C-336/15), the question was whether article 3(1) of the Acquired Rights Directive obliged a transferee to take into account service with a transferor when calculating notice periods for termination of employment, or whether such notice periods were only to be calculated by the reference to employment completed with the transferee.

The position was nuanced by the fact that Swedish law (taking advantage of a discretion afforded by article 3(3) of the ARD) only obliges transferees to comply with collective agreements binding transferors for one year from the date of the transfer.

In the present case, the employees were given

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This article is correct at 21/02/2017

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.

Dr John McMullen
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com

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