TUPE Case Symantec Ltd v Leddy & Lyons ReviewedPosted in : Supplementary Articles ROI on 26 June 2009
This article reviews the vitally important case of Symantec Ltd v Leddy & Lyons.
The European Communities (Protection of Employees on Transfer of Undertaking) Regulations 2003 (“TUPE”) provide that where a business is transferred, its employees are entitled to transfer to the recipient of the business or “Transferee”.
While the European Court of Justice has stated that employees are entitled to refuse to transfer to the Transferee, the legal effect of an objection on the contract of employment is a matter for each Member State. Consequently, differing positions regarding the effect of a refusal have emerged.
German case-law has established that where an employee refuses to
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This article is correct at 26/06/2009
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