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The decision in Parkwood Leisure v Alemo-Herron is authority for the proposition that, following a TUPE transfer, an employee is not entitled to benefit from any changes to a collective agreement that are negotiated with the transferor after the transfer. The most interesting aspect of the case is its treatment of European law. The English authorities had developed in line with a more generous interpretation of TUPE but the European Court of Justice had taken a narrower view. The Employment Appeal Tribunal held that the English cases remained good law even though they were no longer necessary to comply with the Directive. The Court of Appeal disagreed, saying that TUPE had been incorrectly interpreted.
Our office will be closing for the holiday period at 12.00pm on Friday 23rd December 2011 and will reopen again until 10.00am on Tuesday 3rd January 2012. Advocates will ...
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An important decision was handed down by the Supreme Court yesterday when it overturned the decision of the Court of Appeal in R (on the application of G) v The Governors ...
020 7489 2165
info@employmentlawadvocates.com
Employment Law Advocates
Hamilton House
1 Temple Avenue
London
EC4Y 0HA