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http://file:///C:/Documents%20and%20...agreements.pdf
The ECJ has given its long-awaited judgment in Alemo-Herron and
others v Parkwood Leisure Ltd C-425/11 and held that Article 3 of
the EU Acquired Rights Directive (the Directive) prohibits a
“dynamic” interpretation of TUPE, whereby transferees could be
bound by collective agreements negotiated and adopted after the
date of the transfer of an undertaking, in cases where they could not
be involved in the negotiation process.
The ECJ has given its long-awaited judgment in Alemo-Herron and
others v Parkwood Leisure Ltd C-425/11 and held that Article 3 of
the EU Acquired Rights Directive (the Directive) prohibits a
“dynamic” interpretation of TUPE, whereby transferees could be
bound by collective agreements negotiated and adopted after the
date of the transfer of an undertaking, in cases where they could not
be involved in the negotiation process.
