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Securitas — Serviços e Tecnologia de Segurança SA v ICTS Portugal — Consultadoria de Aviação Comercial SA, Arthur George Resendes and Others [2017]

Posted In: Case Law
  • Case Reference
    (Case C-200/16)
  • Legal Body
    Other Tribunals & Courts
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE)
Issues covered: Service Provision Change; Acquired Rights Directive; Tangible or Intangible Assets; Collective Agreements

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

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This article is correct at 10/01/2018
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.

Dr John McMullen
Wrigleys Solicitors LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 01132046100 or email drjohn.mcmullen@gmail.com

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