Acquired Rights Directive – Does holding a ‘Position of Trust’ preclude TUPE protection?

Posted in : Commercial Law for Employers on 9 September 2019
Kevin McVeigh
Elliott Duffy Garrett
Issues covered:

In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of Catia Correia Moreira v Municipio de Portimao which deals with the ever complex are of TUPE as enacted through the Acquired Rights Directive.  The case deals with the question of whether holding a ‘Position of Trust’ (our interpretation might be the holding of a Directorship or equivalent position) can be viewed as conferring employment status and therefore afford protections provided for by the Directive. 

Catia Correia Moreira v Municipio de Portimao

Key Issues: Transfer of

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This article is correct at 09/09/2019

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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