TRANSFER OF UNDERTAKINGS

Question 1

DIRECTIVE 17/187

Answer 1

SAFEGUARDING EMPLYOYEE RIGHTS IN THE EVENT OF A TRANSFER OF UNDERTAKINGS

Question 2

DIRECTIVE 2001/23

Answer 2

AUTOMATIC TRANSFERRAL OF EMPLOYMENT RELATIONSHIP

Question 3

PROTECTION AGAINST DISMISSAL SUBJECT TO ECONOMIC, TECHNICAL OR ORGANISATIONAL ISSUES

Answer 3

DIRECTIVE 2001/23

Question 4

LANDSORGANASATIONEN I DANMARK

Answer 4

TO RENDER IRRELEVANT ANY CHANGES OF OWNERSHIP WITH REGARDS TO MEPLOYMENT RELATIONSHIPS WITHIN IT.

Question 5

1.PERSON UNDER A CONTRACT OF EMPLOYMENT
2. LIABLE TO PAY WAGES
3. RETENTION OF IDENTITY OF COMPANY

Answer 5

TRANSFER OF UNDERTAKINGS

Question 6

REG 4

Answer 6

RIGHTS AND OBLIGATIONS OF EMPLOYEE ARE TRANSFERRED.

Question 7

WERHOF V FREEWAY

Answer 7

PLAINTIFF IS NOT SUBJECT TO COLLECTIVE AGREEMENT WHICH WAS NOT IN FORCE AT TIME OF TRANSFER OF UNDERTAKINGS.

Question 8

KEY ISSUE (TUPE)

Answer 8

RETENTION OF IDENTITY.

Question 9

REG 5(1)

Answer 9

DISMISSALS ARE PROHIBITED WHERE IT IS BY VIRTUE OF TRANSFER OF UNDERTAKINGS.

Question 10

ETO DEFENCE

Answer 10

REG 5(2)

Question 11

MORRIS V SMART BROTHERS

Answer 11

REDUNDANCY AS JUSTIFIABLE GROUND FOR DISMISSAL

Question 12

SOCIAL AIM OF DIRECTIVE

Answer 12

PROTECTION OF EMPLOYEES WHO HAVE BEEN SUBJECT TO TRANSFER OF UNDERTAKINGS.