Application of TUPE where five month cessation of activities - Sigüenza v Ayuntamiento de Valladolid and others [ECJ] (C-472/16) 07.08.18 (Unreported)
Fri, 10 Aug 2018
Reference for a preliminary ruling — Directive 2001/23/EC — Scope — Article 1(1) — Transfers of undertakings — Safeguarding of employees’ rights –Service contract for the management of a municipal Academy of Music — Cessation of the activity of the first contractor before the end of the current school year and designation of a new contractor at the beginning of the following school year — Article 4(1) — Prohibition of dismissal by reason of transfer — Exception — Dismissal for economic, technical or organisational reasons entailing changes in the workforce — Charter of Fundamental Rights of the European Union — Article 47. HELD that the five-month cessation of activities did not preclude the existence of a transfer of undertaking, but the dismissals were probably for an economic, technical or organisational reason entailing changes in the workforce.
Category: Employment »
Dismissal;
Transfer of undertakings;
EC Law.
Area(s) of law:
Employment.
Source: Unspecified
This material is for information purposes only and does not constitute any form
of advice or recommendation by us. You should not rely upon it in making any decisions
or taking or refraining from taking any action. Please contact Brodies at mailbox@brodies.com if you would like
us to advise you on any of the matters covered in this material.