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Transfer of Undertaking Regulations – Employers Beware!


  • 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 was not fully aware that the transfer would be taking place.
  • No meeting with the Complainant and her previous employer took place and the Complainant was never informed of her rights to transfer to the new company in writing or otherwise.

Workplace Relations Commission

The employee in this case was awarded almost €8,500 as a result of:

(a) Unfair dismissal on the grounds of redundancy

(b) Failure to ensure the employee’s terms and conditions transferred to the new company;

(c) Failure to appoint staff representation on behalf of the employee’s affected

(d) Failure to properly inform and consult with employees in respect of what was happening and how it affected them

A copy of the decision can be found here: https://www.workplacerelations.ie/en/cases/2019/september/adj-00021194.html

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