Ferreira da Silva e Brito and Others v Estado portuges [2015] EUECJ C-160/14
Decision Number:
Legal Body: European Court of Justice
Published on: 12/10/2015
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Background
A new decision of the CJEU on the transfer of undertakings, and the “retention of identity” of part of a business is instructive to practitioners in advising on the transfer (or potential transfer) of employees.
When advising on employment aspects in commercial transactions, particularly on the application of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (‘TUPE’), many practitioners fail to initially consider whether there is in fact a transfer of a business at all.
Most employers decide that there is, and assume that the obligations imposed under TUPE apply. This decision often happens without reviewing the intricacies of the transaction to determine whether an undertaking (or part thereof) is transferring between two employers as
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Disclaimer
The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.
This article is correct at 12/10/2015
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