Judges refer TUPE interpretation to European courts

摘要

The Supreme Court has referred a case of TUPE interpretation to the European Court of Justice (ECJ) for a preliminary ruling, a move with wide-ranging implications for many thousands of outsourced workers. In making their ruling, judges ruled the ECJ finding in the Wer- hof case, from 2006 in Germany, was not applicable to 24 employees who transferred from Lewi-sham LBC to Parkwood Leisure. The former Lewisham staff wish to continue benefiting from nationally-agreed pay and terms set by local government negotiations, a decision unanimously quashed by the Court of Appeal last year.