0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

wait continues for critical TUPE decision

17 June 2011

The Supreme Court has referred to the Court of Justice of the European Union Parkwood Leisure Ltd v Alemo-Herron on an issue about collective agreements on a TUPE transfer.

Certain terms of employment including pay rates were determined by nationally negotiated collective agreements between local authorities and the relevant unions. The question is: do changes to such collective agreements made after a TUPE transfer bind the transferee (‘dynamic’ interpretation), or does the transferee only have to comply with the terms of the collective agreement at the time of the transfer (‘static’ interpretation).

Muddled case law sits behind this. The ECJ have used the static interpretation (Werhof v Freeway Traffic Systems); domestic courts (Whent v T Cartledge Ltd) have taken the dynamic approach.

The Claimants will say their contracts entitle them to any changes made by collective agreements post-transfer (including pay increases). The employers will argue that is unfair because they have no say in what those changes are.

related opinions

EHRC harassment guidance

The Equality and Human Rights Commission has issued technical guidance this month on Sexual harassment and harassment at work.

View blog

Ahmed v BBC – the BBC pay a high price for equal pay

In the latest of the ongoing equal pay controversies within the BBC, the Employment Tribunal has handed down its judgment in Samira Ahmed case in a decision expected to cost the BBC in the region of £700,000 in back pay.

View blog

Compulsory retirement age still hitting the headlines

Professor Ewart has succeeded in his age discrimination claim against Oxford University after reaching its compulsory retirement age of 68.

View blog

Increases to minimum wages in April 2020

The wage rises will be welcomed by the lowest paid workers but raising the minimum wage levels significantly more than the current rate of inflation will increase pressures on employers.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up