Transfer of Undertaking Regulations – Employers Beware!

Background The Complainant in this case was employed by the Respondent from the original start date 15 May 2008 to the 20 December 2018 and was working in the position of Bar Attendant.The business transferred to the Respondent by way of a transfer of undertakings on 19 December 2018.The Complainant [...]

By |2019-10-18T10:22:56+00:00September 25th, 2019|latest news|Comments Off on Transfer of Undertaking Regulations – Employers Beware!

Transfer of Undertaking Regulations

The Workplace Relations Commission have recently published guidance on the "TUPE" Regulations. A link to the guide is found here Many employers struggle with understanding when the Regulations apply. The Regulations can apply in a number of situations and not just where a business is bought. They can also apply [...]

By |2019-10-18T10:22:56+00:00September 24th, 2019|latest news|Comments Off on Transfer of Undertaking Regulations

Transfer of Undertaking Regulations For Employees

A recent article in the Irish Times this week higlights the general unease many employees feel when there is a merger or acquisition. Many are unsure if their job is safe or that a transfer may mean for them. Many simply don't understand their rights and entitlements. We have set [...]

By |2019-10-18T10:23:24+00:00September 20th, 2019|latest news|Comments Off on Transfer of Undertaking Regulations For Employees

TUPE – Information and Consultation Obligations

Regulation 8 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ("the Regulations") implements Article 7 of Council Directive 2001/23 of 12th March 2011 and deals with the key area of informing and consulting with employees where the Regulations apply. In our previous blog post we [...]

By |2019-10-18T10:21:03+00:00September 26th, 2013|Information and Consultation, latest news, Transfer of Undertaking Regulations 2003, TUPE|Comments Off on TUPE – Information and Consultation Obligations

TUPE – What is all about? – Part 1

In our first blog in the series, we thought it would be useful to start with the "basics" in respect of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 ("the Regulations") or "TUPE" as they are more commonly known. The Regulations came into operation on 11th [...]

TUPE – Right to Transfer and Information and Consultation Obligations

In a recent decision of the Employment Appeals Tribunal in case number TU23/11, the employer appealed against the decision oa a Rights Commissioner decision Ref r-101357-tu-10/GC. Background The Respondent gave evidence that it had approached a potential client with a view to securing a contract for cleaning on site held [...]

By |2019-10-18T10:20:10+00:00June 13th, 2013|Employment Appeals Tribunal Decisions May 2013, latest news, Litigation, TUPE|Comments Off on TUPE – Right to Transfer and Information and Consultation Obligations

TUPE, Unfair Dismissal and “LIFO”

The case of Lorraine Hynes v Carlow County Development Partnership Limited UD 714/10 MN 673/2010 primarily concerned a claim for unfair dismissal (on foot of redundancy) but raises questions in relation to the European Communities (Protection of Employes on Transfer of Undertaking Regulations) 2003 and what transfers when the Regulations apply. Background [...]

By |2019-10-18T10:16:40+00:00October 10th, 2012|Employment Appeal Tribunal Decisions 4th October 2012, Redundancy, TUPE, Unfair Dismissal|Comments Off on TUPE, Unfair Dismissal and “LIFO”

TUPE and pension liabilities

The question before the High Court in Procter & Gamble Company v Svenska Cellulosa Aktiebolaget Sca and another [2012] EWCH 1257 was whether liability for early retirement benefits transferred to SCA. Here Procter and Gamble ("P&G") sold it's European business to SCA in 2007, TUPE was applied and the P&G employees transferred across. P&G operared a defined [...]

By |2019-10-18T10:15:39+00:00June 16th, 2012|pensions, TUPE|Comments Off on TUPE and pension liabilities