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26 February 2020 / John McMullen
Issue: 7876 / Categories: Features , Employment , TUPE
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Splitting contracts: lessons from Ghent

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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

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NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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