The ECJ has ruled that a private-sector transferee is not legally obliged to comply with a change (e.g. a pay increase) made to the terms of employees transferred from the public sector – if the change was agreed by a public-sector negotiating body - after the TUPE transfer had taken place – and it was not possible for the transferee to participate in the negotiations.
Source: Alemo-Herron v Parkwood Leisure Ltd (C-426/11).
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Source: Alemo-Herron v Parkwood Leisure Ltd (C-426/11).
Follow Tony Trotman on Twitter for more employment law updates, e.g. new employment status of employee shareholders coming into force on 1 September 2013.