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15 June 2011
Lord Hope DP, Lord Walker, Lord Brown, Lord Kerr and Lord Dyson
Part of a council's leisure facilities were contracted out to CCN who later further contracted out to Parkwood. The council's employees transferred ultimately to Parkwood under TUPE. Their contracts provided that their terms of employment would be set by collective agreements negotiated nationally through the JNC (Joint National Council). The dispute was whether Parkwood was obliged to increase pay in accordance with nationally agreed pay rises, even though, as a private sector employer, it had no representation on the JNC.
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The status of employment rights on the transfer of an undertaking is an extremely complex area of...