Case Review: Safeguarding Employees’ Rights in the Event of a Transfer

Posted in : Commercial Law for Employers on 13 June 2017
Kevin McVeigh
Elliott Duffy Garrett
Issues covered:

Key Issues: Social Policy – TUPE – Collective Agreement - Period of Notice and Length of Service

Case: Unionen v Almega Tjänsteförbunden & ISS Facility Services AB

Reference: Case C-336/15, CJEU (Tenth Chamber), 6 April 2017

Legislation: Directive 2001/23/EC

This request for a preliminary ruling concerns the interpretation of Council Directive 2001/23/EC (the “Acquired Rights Directive”). The request was made in proceedings between Unionen, a trade union, and Almega Tjänsteförbunden, an employers’ association (‘Almega’), and ISS Facility Services AB, a company incorporated under Swedish law (‘ISS’), concerning the failure to take into account, following a transfer of undertakings, the

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This article is correct at 13/06/2017

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.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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