TUPE Case Symantec Ltd v Leddy & Lyons Reviewed

Posted in : Supplementary Articles ROI on 26 June 2009
David Fagan
Business Legal
Issues covered:

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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David Fagan
Business Legal

The main content of this article was provided by David Fagan . Contact telephone number is +353 1 636 3165 or email David.Fagan@bizlegal.eu

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