TUPE Update: Failure to transfer tangible assets – determinative or not?Posted in : TUPE Updates on 28 August 2019
We devote this issue to a survey of some interesting cases in the European Court on the EU Acquired Rights Directive 2001/23. Our featured case is the fascinating opinion of Advocate General in Grafe and Pohle.
Reiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH
In Reiner Grafe Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH Case C‑298/18 ECJ Advocate General Sharpston has departed from the famous case of Oy Liikenne Ab v Pekka Liskojärvi and Pentti Juntunen C-172/99.
SBN held a contract with the local authority commencing on 1 August 2008 to
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More TUPE Updates
- TUPE Update: Automatically Unfair Dismissals; EU Acquired Rights Directive
- TUPE Update: Construction of an indemnity clause; Continuity of employment; Automatic unfair dismissal
- TUPE Update: “Successor Employers”, Reinstatement Orders, Contractual Variations
- TUPE Update: Suspension of Activities; Scope of Regulation 3(5); Automatic Unfair Dismissal
- TUPE Update: Service Provision Change; Share Sale and Transfers South of the Border
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