Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others Posted In: Case Law
Case Reference(Case C-200/16)
Legal BodyOther Tribunals & Courts (OTAC)
Type of Claim / JurisdictionTransfer of Undertaking (TUPE)
In Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others (Case C-200/16) the European Court considered the application of the rules under the Acquired Rights Directive to a situation where a client terminated a security contract and awarded it to a new provider, but where the new provider declined to take on the old employer's employees.
In UK law, as we know, under Regulation 3(1)(b) of TUPE, and Regulation 3 of the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006, a service provision change TUPE transfer occurs simply when activities previously carried out by one
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