Employment Update: TUPE

11 November 2008

Employment Group

The European Court of Justice, in Kirtuna v Red Elite and others, has said that giving continuity of employment to the employees on the transfer of an undertaking does not extend to preserve property rights in the workplace. If a landlord is entitled to refuse an assignment of the premises to the transferee of the undertaking, the employees working there can be lawfully dismissed for an ETO reason.