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Alemo-Herron v Parkwood Leisure Ltd
''Alemo-Herron v Parkwood Leisure Ltd'' (2013) (C-426/11 ) is an EU law and UK labour law case concerning whether an employer may agree to incorporate a collective agreement into an individual contract, and if that agreement has a provision for automatic updating of some terms, whether that transfers under the Transfer of Undertakings (Protection of Employment) Regulations 2006. The UK Supreme Court referred to the European Court of Justice the question whether national courts could give a more favourable interpretation to legislation than had been given by German courts.
==Facts==
Mark Alemo-Herron and 23 others were employed in the leisure services department of Lewisham LBC. Their employment contracts gave them the right to pay increases in line with the National Joint Council for Local Government Services’ collective agreement. In 2002 their jobs were transferred to a company called CCL Ltd, and in 2004 they were again transferred to Parkwood Leisure Ltd. Though it did initially uprate pay, while expressly stating that it did so without liability, from 2004 Parkwood did not want to comply with NJC updates negotiated for a period from 2004 to 2007. They refused pay increases. The employees argued that under TUPER 1981 r 5 (now TUPER 2006 r 4) they were obliged to comply, since the collective agreement had been transferred.
The Employment Tribunal rejected the employees’ claims, based on the ECJ decision under the Business Transfers Directive article 3 in ''Werhof v Freeway Traffic Systems GmbH & Co KG'',〔(2006) C-499/04, () ECR I-2397〕 saying that this case had decided updates in collective agreements could not bind an employer to whom a business was transferred.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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