Change in contractor not a business transfer
Article Abstract:
The European Court of Justice's (ECJ) decision in the 1997 Suzen case limits the scope of the EC Business Transfers Directive regarding contracted-out services. The decision holds the Directive is inapplicable when contractors are changed, except when the successor contractor receives a significant amount of the workforce or assets. However, the decision raises other issues about contracting out, and conceivably could allow transferees to refuse to accept the existing workforce as a way of skirting the Directive.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
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No transfer of contracted-out helicopter service
Article Abstract:
The UK Court of Appeal applied the European Court of Justice's Suzen decision in the 1997 Betts case, concluding the EC Business Transfers Directive and related regulations were inapplicable when helicopter services were outsourced. The Court found no difference between initial outsourcing activities and later contractor changes. The decision was based on the fact the second contractor had not received any transferred employees or assets.
Publication Name: Industrial Relations Law Bulletin
Subject: Law
ISSN: 0969-3637
Year: 1997
User Contributions:
Comment about this article or add new information about this topic:
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