In a judgment handed down on 12 December 2007, in which, for the first time, the Employment Appeal Tribunal - EAT, speaks out on the interpretation of the TUPE regulations implementing the directive on employees' rights in the event of a business transfer, the court noted that obligations regarding workers resulting from this text are opposable to entities outside the EU. (Ref. 071032)
Directive 2001/23 on the safeguarding of employees’ rights in the event of transfers of undertakings, transnational transfers included, was transposed in Great Britain through the TUPE regulations, which came into effect in 2006 (see our article No. 06797). The latter plans that the employment contract and the rights of the workers employed in the company before the transfer are automatically transferred to the transferee. This regulation derogates from common law which stipulates that the cont
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