ABSTRACT
The Acquired Rights Directive attempts to protect the position of employees affected by the transfer of the undertaking in which they are employed by preserving their existing terms and conditions of employment and by precluding transfer-based dismissals. In Rask and Christensen v ISS Kantinsenservice the European Court of Justice (ECJ) reiterated that, as the Acquired Rights Directive is a measure of only partial harmonisation, only the protection afforded to employees under the legal system of the Member State is transferred upon a relevant transfer. The Lords addressed the question of the power of the employer to negotiate a variation in terms with employees in the context of a transfer and held that there can be a variation of the terms of the relevant contracts of employment that is not due to the transfer. The need to reach agreement, even if under pressure, does at least ensure some balance is maintained between management imperatives and worker protections.
