header-logo header-logo

26 February 2020 / John McMullen
Issue: 7876 / Categories: Features , Employment , TUPE
printer mail-detail

Splitting contracts: lessons from Ghent

16661
TUPE & multiple transferees: whither the fate of the employment contract? John McMullen reports
  • How does the EU Acquired Rights Directive (and therefore TUPE) apply where the enterprise is split among multiple transferees and the employee works across all parts transferred?
  • Advocate General Szpunar has given his opinion in ISS Facility Services NV v Sonia Govaerts, Euroclean NV, C-344/18, but it is not without its difficulties if adopted by the European Court of Justice.

In ISS Facility Services NV v Sonia Govaerts, Euroclean NV C-344/18, Ms Govaerts was originally employed as a maid by ISS Facility Services. She had three separate part-time work contracts. In September 2004, she signed a new employment contract with ISS. ISS was responsible for cleaning and maintenance of various buildings in the city of Ghent, divided into three lots. The first included museums and historic buildings, the second included libraries and community centres, and the third included administrative buildings. In 2013, Ms Govaerts was promoted to manager of these three sites.

The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gardner Leader—Charlotte Botham & Belinda Sinnott

Gardner Leader—Charlotte Botham & Belinda Sinnott

Law firm strengthens real estate team with two new partners

DR Solicitors—Sarah Cook

DR Solicitors—Sarah Cook

DR Solicitors strengthens primary care expertise with appointment of legal director

Womble Bond Dickinson—David Varney

Womble Bond Dickinson—David Varney

Womble Bond Dickinson appoints David Varney to strengthen digital practice

NEWS
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
Four recent Employment Appeal Tribunal decisions have clarified important employment law principles on dismissal, bonuses, trade union activity and tribunal procedure
The Court of Appeal's decision in Mazur v Charles Russell Speechlys LLP has lifted months of uncertainty for Chartered Legal Executives while prompting a rethink of regulation and supervision
The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
back-to-top-scroll