Securitas — Serviços e Tecnologia de Segurança SA v Arthur George Resendes and Others [2017]
Posted In: Case Law-
Case Reference
CJEU C‑200/16 -
Legal Body
Court of Justice EU (CJEU/ECJ) -
Type of Claim / Jurisdiction
Transfer of Undertaking (TUPE)
This CJEU case relates to Portuguese law applying the Acquired Rights Directive (implementing the equivalent of our Transfer Regulations 2003). Local law in Portugal provided that a change of service provider does not give rise to a business transfer. We do not have this same provision in the Irish Regulations. This CJEU case held that a statutory provision of that nature is inconsistent with the Directive, and unenforceable as such.
The case related to a change from one security provider to another at a Port, where the employees were responsible for monitoring the entry and exit of people and goods, by means of video surveillance devices, wearing uniforms and
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