TUPE Update from Dr John McMullen – April 2020

Posted in : TUPE Updates on 30 April 2020
Dr John McMullen
Spencer West LLP
Issues covered:

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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This article is correct at 30/04/2020

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
Spencer West LLP

The main content of this article was provided by Dr John McMullen. Contact telephone number is 07769299610 or email drjohn.mcmullen@spencer-west.com

View all articles by Dr John McMullen