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 city of Ghent then re-tendered for this work. Following this procedure,
