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Employment Law

Legal guidance - compliance - software

02 MAY 2012

Parkwood Leisure Limited v Alemo-Herron and others [2011] IRLR 696

Transfer of collective agreements under TUPE

15 June 2011

Supreme Court

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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