Acquired Rights Directive – Does holding a ‘Position of Trust’ preclude TUPE protection?
Published on: 09/09/2019
Article Authors The main content of this article was provided by the following authors.
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin McVeigh Partner, Head of Corporate Department, Elliott Duffy Garrett
Kevin mcveigh

Kevin McVeigh is Head of Elliott Duffy Garrett’s Corporate & Banking practice. Kevin advises clients on corporate transactions in Northern Ireland and on international deals with a Northern Ireland connection. He specialises in the sale and purchase of businesses. Kevin also advises on commercial contracts including investment and shareholder agreements and corporate governance.

In this month’s ‘Commercial Law for Employers’ article, Kevin McVeigh, Partner and Head of the Corporate and Commercial Department in EDG Solicitors, considers the preliminary ruling in the case of Catia Correia Moreira v Municipio de Portimao which deals with the ever complex are of TUPE as enacted through the Acquired Rights Directive.  The case deals with the question of whether holding a ‘Position of Trust’ (our interpretation might be the holding of a Directorship or equivalent position) can be viewed as conferring employment status and therefore afford protections provided for by the Directive.

Catia Correia Moreira v Municipio de Portimao ⚓︎

Key Issues: Transfer of Undertakings – Preliminary Ruling

Case: Catia Correia Moreira v Municipio de Portimao

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 09/09/2019