Ferreira da Silva e Brito and Others v Estado portuges [2015] EUECJ C-160/14

Posted In: Case Law
  • Case Reference
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE)
Issues covered:

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

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This article is correct at 12/10/2015

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.

Síobhra Rush
Lewis Silkin

The main content of this article was provided by Síobhra Rush. Contact telephone number is +353 1566 9874 or email siobhra.rush@lewissilkin.com

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