Securitas — Serviços e Tecnologia de Segurança SA v Arthur George Resendes and Others Posted In: Case Law
Case ReferenceCJEU C‑200/16
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionTransfer 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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