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Monthly Archives: August 2018

Stretching TUPE to the limit: Colino Sigüenza v Ayuntamiento de Valladolid

The Court of Justice of the European Union (CJEU) has held that, contrary to the opinion of Advocate General Tanchev in December 2017, a gap of five months in an undertaking’s activities does not necessarily preclude a transfer for the purposes of the Acquired Rights Directive (2001/23/EC) (ARD). The Claimant, Mr. Sigüenza, worked as a […]

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TUPE application and insolvency

Anyone who has acquired a business as a going concern will be aware of The Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) and its far reaching application. TUPE legislation exists for good reason: to ensure automatic transfer of employment for employees when the business for which they are working is transferred. You cannot […]

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