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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

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

Keystone Law—Milena Szuniewicz-Wenzel & Ian Hopkinson

International arbitration team strengthened by double partner hire

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Coodes Solicitors—Pam Johns, Rachel Pearce & Bradley Kaine

Firm celebrates trio holding senior regional law society and junior lawyers division roles

Michelman Robinson—Sukhi Kaler

Michelman Robinson—Sukhi Kaler

Partner joins commercial and business litigation team in London

NEWS
The Legal Action Group (LAG)—the UK charity dedicated to advancing access to justice—has unveiled its calendar of training courses, seminars and conferences designed to support lawyers, advisers and other legal professionals in tackling key areas of public interest law
The Police and Criminal Evidence Act 1984 transformed criminal justice. Writing in NLJ this week, Ed Cape of UWE and Matthew Hardcastle and Sandra Paul of Kingsley Napley trace its ‘seismic impact’
Operational resilience is no longer optional. Writing in NLJ this week, Emma Radmore and Michael Lewis of Womble Bond Dickinson explain how UK regulators expect firms to identify ‘important business services’ that could cause ‘intolerable levels of harm’ if disrupted
As the drip-feed of Epstein disclosures fuels ‘collateral damage’, the rush to cry misconduct in public office may be premature. Writing in NLJ this week, David Locke of Hill Dickinson warns that the offence is no catch-all for political embarrassment. It demands a ‘grave departure’ from proper standards, an ‘abuse of the public’s trust’ and conduct ‘sufficiently serious to warrant criminal punishment’
Employment law is shifting at the margins. In his latest Employment Law Brief for NLJ this week, Ian Smith of Norwich Law School examines a Court of Appeal ruling confirming that volunteers are not a special legal species and may qualify as ‘workers’
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