When a business transfers, employees often tag along. But does that also mean dismissal is not at all an option?
In this episode, we discuss a recent Dutch Supreme Court judgment that clarifies how employers should approach dismissal after a TUPE transfer, and in particular the role of ETO reasons (economic, technical or organisational grounds).
The Court introduces an important nuance that will be highly relevant in practice, especially for employers navigating reorganisations following a transfer.
What does this mean in concrete terms, and where exactly is the line drawn?
We explore the legal framework, the case itself, and the practical implications for employers in the Netherlands.