Prospects For Acquired Rights

A notable feature of European Union Directives is that they are initially somewhat loosely worded, necessitating constant (re)interpretation by the European Court of Justice. This process may itself eventually necessitate the publication of a new version of a Directive, once again creating tensions between member states. Few Directives illustrate this better than that concerned with the 'acquired' rights of employees in the case of business transfers which has recently been revised more than twenty years after its original publication. This article sets out to explore, mainly in the context of the UK: the context and content of the original Directive; its particular relevance for the increasingly popular practice of contracting out; the role played by the European Court of Justice in both clarifying and, arguably, clouding the issues; the process of revising the Directive. It concludes with an assessment of the current state of play.