15 June 2011

Supreme Court refers TUPE case to the ECJ

In the case of Alemo-Herron v Parkwood Leisure Ltd [2010] EWCA Civ 24, the Court of Appeal held that a private-sector transferee is not legally obliged to comply with any changes (e.g. a pay increase) made to the terms of employees transferred from the public sector - if those changes were agreed by a public-sector negotiating body - after the TUPE transfer had taken place.

The Supreme Court has decided that the case should be referred to the ECJ: Parkwood Leisure Ltd v Alemo-Herron [2011] UKSC 26.