France: employment tribunal condemns an investment fund as co-employer for the joint payment of compensation for a redundancy judged null and void

The facts. Mr. Hassan Bahhate had been hired as a colorim preparer by the company Sublistatic (world leader of fashion paper manufacturers, with 223 employees) and was made redundant on 12th January 2007. On 24th May 2007, Mr. Bahhate took his case to the employment tribunal of Lens to oblige the company S.a. Sublistatic, in the person of its legal representative M. Theeten, and S.a.s Acland Capital Investissement to pay him compensation for not respecting the redundancy procedure, which was unfounded and was a serious, abusive breach of contract and illegal redundancy, given the absence of an employment safeguard plan (PSE), which should have been prepared. Sas Acland had purchased Sublistatic in 2002 through a Leveraged Buy Out (LBO), which in fact meant that the buyer company financed most of its purchase through a loan which was reimbursed from the profits of the purchasing company. The employment tribunal looked favourably on the petition, justifying the invalidity of the redundancy owing to the absence of the PSE and ordered Sublistatic and Société Acland, having acknowledged its capacity of co-employer, to pay redundancy compensation of 58,000 euros. 
Enjoy this article for free while you’re in your trial period
You have access to our content for 1 month.

absence of an employment safeguard plan (PSE), which should have been prepared. Sas Acland had purchased Sublistatic in 2002 through a Leveraged Buy Out (LBO), which in fact meant that the buyer company financed most of its purchase through a loan which was reimbursed from the profits of the purchasing company. The employment tribunal looked favourably on the petition, justifying the invalidity of the redundancy owing to the absence of the PSE and ordered Sublistatic and Société Acland, having

Do you have information to share with us?
What you absolutely must read this week
The essential content of the week selected by the editorial team.
See all
Seven major companies offer training to raise awareness of domestic and sexual violence
L’Oréal, Engie, LVMH, Publicis, Accor and Orange are encouraging their staff to take part in the Safe Spaces training programme on domestic and sexual violence, developed by insurance...
10 November 2025
Romania: collective agreement extended to entire insurance sector
On 3 November, Romania’s National Tripartite Council for Social Dialogue approved the extension of the collective labour agreement signed on 23 May by the Confederation of Employers in the...
United Kingdom largely retained within scope of EWCs despite Brexit, study shows
A study published this month by the Institute for Economic and Social Research, the French trade union research organisation, examined how the involvement of British representatives in European...
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
Most viewed articles of the month on mind HR
What readers clicked on the most last month.
What readers clicked on the most last month.
1
Germany: pensioners in work already common practice, study shows
As the German government steps up measures to encourage people to stay in work beyond the legal retirement age, a new study by the Institute of Economic and Social Research (WSI) – an independent...
2
Spain: government approves creation of ‘intern status’
The Spanish government has paved the way for the creation of a new status for "persons undergoing non-professional practical training in companies, institutions or public or private organisations...
3
France: social conference on labour and pensions to proceed without main employers’ group
The preparatory meeting ahead of the social conference on labour and pensions, which is set to decide on the pension system model and the funding thereof, was held on 4 November at France's labour...
4
Luxembourg: two pension reform bills submitted to parliament
After lengthy negotiations with the social partners, in mid-October the Luxembourg government submitted two bills to parliament aimed at reforming the pension system to ensure its long-term...
5
Candice Guillot (Talan): “Our recruiters save just over 80 hours per year on administrative tasks thanks to AI”
Candice Guillot, group director of employee experience and HR performance at Talan (7,000 employees), outlines for mind RH her vision and strategy for introducing artificial intelligence at the...