i-law

Litigation Letter

4. Employment – employer not bound by agreement

Alemo-Herron v Parkwood Leisure Ltd (C-426/11) EU Court of Justice (Third Chamber) TLR 2 October

A member state is precluded by EU law from providing that, in the event of a transfer of an undertaking, the transferee would be bound not only by the collective agreements in force at the time of the transfer but also ones negotiated subsequent to that transfer if the transferee had not had the possibility of participating in the negotiation process.

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