In OCS Group UK Limited v Jones and another EAT/0038/09, the EAT held that a tribunal had not erred in law in deciding that the activities carried out after a catering contract was taken over by a new contractor were substantially different from the activities carried out by the previous contractor, so there could be no TUPE transfer. The extent to which the activities have changed is a question of fact for the tribunal, and the tribunal in this case had been entitled to reach the conclusion it had.
In Pereda v Madrid Movilidad SA [2009] IRLR 959 ECJ, the ECJ held that art.7(1) of the Working Time Directive must be interpreted as precluding national provisions or collective agreements that deny a worker who is on sick leave during a period of scheduled annual leave the right to take the annual leave at a later time, even if this is outside the holiday year in which the annual leave was accrued.