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26 February 2020 / John McMullen
Issue: 7876 / Categories: Features , Employment , TUPE
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Splitting contracts: lessons from Ghent

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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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