"In this article we examine some key areas giving rise to controversy in the application of EU Directive 2001/23/EC on the approximation of the laws of Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses (the ‘Acquired Rights Directive'). In examining the case law and legislation of Member States we focus particularly on the case law and legislation of the United Kingdom and the Republic of Ireland, but case law and legislation of other EU Member States is referred to and compared where appropriate. We conclude that there are some common themes in the case law and legislation of the Member States on the Acquired Rights Directive. But we draw attention particularly to the legislation of the United Kingdom in the TUPE Regulations 2006, through which the UK has taken a bold step concerning the treatment of workers' rights in relation to outsourcing from which, we suggest, lessons can be learned. We also argue the time is ripe for consideration whether share sale acquisitions should continue to be excluded from the Directive. The Acquired Rights Directive will shortly be reviewed by the European Commission and it is timely to review the practical application in Member States of the Acquired Rights Directive in their domestic case law and legislation."

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