Readers will be interested in the court’s unusually flexible approach to the terms of a formal notice. However, this decision may not be followed and, to achieve certainty, it is recommended strongly that HEIs strictly observe the detail of the notice provisions in any contract to which they are a party.
It was held by the European Court of Justice (ECJ) in the recent case of Alemo-Herron and Others v Parkwood Leisure Limited [2013] EUECJ C-426/11, that transferees are not bound by terms that are collectively agreed after a transfer that has taken place in accordance with the Transfer of Undertakings (Protection of Employment) Regulations 1981 (TUPE).
On 25 July 2013, the Cabinet Office issued a procurement policy note (PPN) entitled ‘Further progress update on the Modernisation of the EU Procurement Rules’. The note summarises the main aspects of the provisional agreement between the Council, Commission and Parliament of the EU on the revised EU procurement rules, and the next steps in finalising the rules and implementing them in the UK.
On 12 July 2013, the Government issued a response to the consultation, ‘Early conciliation: a consultation on proposals for implementation’ which ran from 17 January to 15 February 2013. EC applies in England, Wales and Scotland, and implementation is to take place in early 2014.
Key points: Commercial agreements: Technical defects in notices; Procurement: Modernisation of the EU procurement rules; Employment: Response to early conciliation consultation published; FAQ – Employment: Are transferees bound by terms which are collectively agreed after a TUPE transfer?