Latest case reports added to HR & Compliance Centre

We provide a round-up of case reports added to HR & Compliance Centre this week, covering: TUPE; working time; and redundancy selection criteria.

TUPE: Transferee bound by collective agreements negotiated post-transfer In Alemo-Herron and others v Parkwood Leisure Ltd [2009] IRLR 322 EAT, the Employment Appeal Tribunal (EAT) held that employees transferred under TUPE were entitled to pay increases in accordance with the terms of a collective agreement incorporated into their contracts before the transfer, notwithstanding that the agreement was renegotiated and revised post-transfer, with the transferee playing no part in that process. (Employment Review)
Working time: Offshore workers could be required to take annual leave during onshore "field breaks" In Craig and another v Transocean International Resources Ltd; Transocean International Resources Ltd and others v Russell and others EATS/0029/08 & EATS/0030/08, the EAT held that offshore workers could be required to take annual leave during periods when they were rostered to be resting onshore. The tribunal was wrong to hold that their annual leave had to be scheduled for a time that would otherwise have been spent working offshore. (Employment Review)
Age discrimination and redundancy selection criteria In Rolls Royce plc v Unite [2009] EWCA Civ 387 CA, the Court of Appeal upheld the High Court's decision that a term in a collective agreement identifying length of service as a redundancy selection criterion did not amount to unlawful age discrimination. (Personnel Today)

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