TUPE Update from Dr John McMullen – April 2020Posted in : TUPE Updates on 30 April 2020
The effect of TUPE is to transfer all of the transferring employee’s rights to the transferee. But the GB Employment Appeal Tribunal has, in Metroline Travel Ltd v D’Auvergne, reminded us that only rights which are contractual in nature transfer in this way.
The European Court has, inReiner Grafe and Jürgen Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH boldly departed from the seminal Oy Liikenne case on the transfer of a seemingly asset reliant undertaking.
And the Court has, in ISS Facility Services NV v Sonia Govaerts, Euroclean NV, delivered an intriguing judgment on the fate of the employment contract where there are multiple transferees and the employee works across all
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More on Transfer of Undertakings (TUPE)
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