In Alemo-Herron and others v Parkwood Leisure Ltd Case C-426/11 ECJ, the ECJ held that "dynamic" clauses in contracts of employment that refer to collective agreements negotiated and adopted after the transfer are not enforceable against a transferee that has not been able to participate in the negotiating process.
The Employment Appeal Tribunal (EAT) has held that the words "at one establishment" should be deleted from s.188 of the Trade Union and Labour Relations (Consolidation) Act 1992.
In DLA Piper's case of the week, Anderson and others v London Fire & Emergency Planning Authority, the Court of Appeal considered whether or not uncertain wording in a collective agreement allowed an employer to give staff a lower pay increase than in previous years.
Amanda Steadman is a professional support lawyer, and Joe Beeston, Laura Garner, Helen Samuel and Dinu Suntook are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The Employment Appeal Tribunal has provided guidance on how tribunals should assess protective awards where an employer has breached its obligation to inform and consult on a TUPE transfer.