Fragmentation on TUPE business transfers – Splitting the difference
A recent case heard by the Court of Justice of the European Union (CJEU) – ISS Facilities Services NV v Sonia Govaerts & Atalian NV – has looked at what happens when a transfer takes place under the Acquired Rights Directive (ARD) where there is a transfer from a single business to multiple incoming businesses, i.e. post-transfer ‘fragmentation’.