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.
Key Issues: Social Policy – TUPE – Collective Agreement - Period of Notice and Length of Service
Case: Unionen v Almega Tjänsteförbunden & ISS Facility Services AB
Reference: Case C-336/15, CJEU (Tenth Chamber), 6 April 2017
Legislation: Directive 2001/23/EC
This request for a preliminary ruling concerns the interpretation of Council Directive 2001/23/EC (the “Acquired Rights Directive”). The request was made in proceedings between Unionen, a trade union, and Almega Tjänsteförbunden, an employers’ association (‘Almega’), and ISS Facility Services AB, a company incorporated under Swedish law (‘ISS’), concerning the failure to take into account, following a transfer of undertakings, the length of service acquired by four employees with transferors.
The employees BSA, JAH, JH and BL are members of Unionen.
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