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TUPE Transfer of non-contractual employees

  • Steptoe & Johnson LLP
  • -
  • European Union, Netherlands, United Kingdom
  • -
  • January 18 2011

This was a Dutch reference to the European Court of Justice concerning a dispute between Albron Catering FNV and Mr Roest in order to determine whether in the context of a group of companies, one of whose legal entities performs the function of a central employer and dispatched its employees amongst various companies which constitute that group, the transfer of the activities of one company in the said group to a company outside the group, namely Albron, must be regarded as falling within the rules for the protection of employees instituted by the Acquired Rights Directive