The Court of Justice of the European Union and transfers of undertakings: implications for collective labour rights

Research output: Contribution to journalArticle

Abstract

The Acquired Rights Directive has been the subject of much litigation before national courts and the Court of Justice of the European Union since it was adopted in 1977. Its underlying purpose has been to safeguard employees’ rights in cases of transfers of undertakings. Th e CJEU’s decision in Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd, Judgment of 18 July 2013, however, marks a signifi cant shift in the CJEU’s approach to the Directive from one which seeks to protect employment rights in the case of a transfer to one which requires a balance to be struck between the interests of the transferee and the employee. In doing so, the judgment has the potential to have serious ramifi cations for British and European labour law.
LanguageEnglish
Pages72-85
Number of pages14
JournalEuropean Labour Law Journal
Volume6
Issue number1
Publication statusPublished - 2015

Fingerprint

court of justice
employee
labor
labor law
European Law

Keywords

  • collective labour law
  • European labour law
  • trade unions
  • transfer of undertakings

Cite this

@article{e0faf38791734abc847a1c8d7724155b,
title = "The Court of Justice of the European Union and transfers of undertakings: implications for collective labour rights",
abstract = "The Acquired Rights Directive has been the subject of much litigation before national courts and the Court of Justice of the European Union since it was adopted in 1977. Its underlying purpose has been to safeguard employees’ rights in cases of transfers of undertakings. Th e CJEU’s decision in Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd, Judgment of 18 July 2013, however, marks a signifi cant shift in the CJEU’s approach to the Directive from one which seeks to protect employment rights in the case of a transfer to one which requires a balance to be struck between the interests of the transferee and the employee. In doing so, the judgment has the potential to have serious ramifi cations for British and European labour law.",
keywords = "collective labour law, European labour law, trade unions, transfer of undertakings",
author = "Rebecca Zahn",
year = "2015",
language = "English",
volume = "6",
pages = "72--85",
journal = "European Labour Law Journal",
number = "1",

}

TY - JOUR

T1 - The Court of Justice of the European Union and transfers of undertakings

T2 - European Labour Law Journal

AU - Zahn, Rebecca

PY - 2015

Y1 - 2015

N2 - The Acquired Rights Directive has been the subject of much litigation before national courts and the Court of Justice of the European Union since it was adopted in 1977. Its underlying purpose has been to safeguard employees’ rights in cases of transfers of undertakings. Th e CJEU’s decision in Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd, Judgment of 18 July 2013, however, marks a signifi cant shift in the CJEU’s approach to the Directive from one which seeks to protect employment rights in the case of a transfer to one which requires a balance to be struck between the interests of the transferee and the employee. In doing so, the judgment has the potential to have serious ramifi cations for British and European labour law.

AB - The Acquired Rights Directive has been the subject of much litigation before national courts and the Court of Justice of the European Union since it was adopted in 1977. Its underlying purpose has been to safeguard employees’ rights in cases of transfers of undertakings. Th e CJEU’s decision in Case C-426/11 Alemo-Herron v Parkwood Leisure Ltd, Judgment of 18 July 2013, however, marks a signifi cant shift in the CJEU’s approach to the Directive from one which seeks to protect employment rights in the case of a transfer to one which requires a balance to be struck between the interests of the transferee and the employee. In doing so, the judgment has the potential to have serious ramifi cations for British and European labour law.

KW - collective labour law

KW - European labour law

KW - trade unions

KW - transfer of undertakings

UR - http://www.ellj.eu/table_of_content.aspx?sy=2015&pn=1

M3 - Article

VL - 6

SP - 72

EP - 85

JO - European Labour Law Journal

JF - European Labour Law Journal

IS - 1

ER -