19 February 2013

TUPE and Collective Agreements

The Advocate General (AG) has stated that it is possible under EU law - for a private-sector transferee to be legally obliged to comply with a change (e.g. a pay increase) made to the terms of employees transferred from the public sector - even though the change was agreed by a public-sector negotiating body - after the TUPE transfer had taken place.

The AG added that a national court should determine whether the legal obligation would breach the employer's right to conduct a business under Art. 16 of the Charter of Fundamental Rights of the European Union.

Source: Alemo-Herron v Parkwood Leisure Ltd (C-426/11).

Comment

If the ECJ agrees with the AG's opinion - it is likely that the Government will limit the period during which a transferee must comply with a term derived from a collective agreement to one year - after the TUPE transfer: Art 3(3) of the TUPE Directive.  

17 February 2013

Parental leave goes up from 13 to 18 weeks

From 8 March 2013, an employee’s entitlement to parental leave for a child will increase from 13 weeks to 18 weeks. And an agency worker who is returning from parental leave will have the right to request flexible working: The Parental Leave (EU Directive) Regulations 2013.