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TUPE: ECJ confirms service company employees transfer employment on business transfers

  • King & Spalding LLP
  • -
  • European Union, United Kingdom
  • -
  • October 22 2010

The European Court of Justice (the ECJ), in Albron Catering BV v. FNV Bondgenoten and Roest, has confirmed on 21 October 2010 that employees employed by a service company who are assigned to a business will automatically transfer their employment to the acquirer of the business even though they are not employed by the “transferor” of the business