DR John McMullen published in prestigious International Journal
Dr John McMullen has been published in the March issue of the prestigious Industrial Law Journal. The purpose of his article is to mine the very rich seam of decisions of the European Court of Justice over the last 18 months on the subject of the EU Acquired Rights Directive 2001/23 (ARD), the European Instrument behind the Transfer of Undertakings (TUPE) Regulations. These cases were all decided before the end on 2020 and are therefore part of EU Retained Law and bind British courts and tribunals notwithstanding Brexit.
The ARD is a key piece of EU social legislation from the ‘golden age’ of EU social law, with a robust code of employee protection on transfers of undertakings. Its transformative effect on worker’s rights, not just in traditional business takeovers, but also in areas such as outsourcing (where there is both a concentration of lower paid workers and a competitive market, and where employer profit margins are tight) cannot be overestimated.
Industrial Law Journal is established as the leading periodical in its field, providing comment and in-depth analysis on a wide range of topics relating to employment law. It has an extremely high official impact factor.
It is essential reading for practising lawyers, academics, and lay industrial relations experts to keep abreast of newly enacted legislation and proposals for law reform.