Can an employee oblige his transferee employer to abide by collective agreements about pay, entered into by the transferor employer after the date of the TUPE transfer? Domestic law (and the EAT) suggested "yes"; EU law (and the Court of Appeal) suggest "no". Accordingly, the UK Supreme Court has referred the matter to the Court of Justice of the EU for a definitive ruling.
A full summary of this case, with links to the barristers involved, is currently in course of preparation. Meanwhile please refer to the summary in the emplaw e-PSL newsletter of 15th June 2011.
For relevant general emplaw notes go to Transfer of business or undertaking/change in terms of employment after and / or Transfer of business or undertaking/effect of the TUPE regs .