Ferreira da Silva e Brito and Others  EUECJ C-160/14Posted In: Case Law
Case Reference EUECJ C-160/14
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionTUPE, Transfer of Undertaking
A 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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
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.