Light acquired on acquired rights: Examining developments in employment rights on transfers of undertakings

Publishers Abstract:
The field of employment rights in transfers of undertakings has given rise to more cases before the European Court of Justice than any other topic in European Community employment law, apart from gender equality law. At the time of writing, some forty-one judgments concerning the 'acquired rights' of employees have been delivered by the European Court of Justice, and the steady stream of cases concerning the Acquired Rights Directive shows no sign of abating. This article reviews recent developments in the law concerning acquired rights, largely in the form of rulings by the European Court of Justice, but also in the shape of rulings by the EFTA Court, in whose case law the Acquired Rights Directive has played a surprisingly prominent role.