Transfer of Undertakings

Are Directors in scope to transfer in a transfer (TUPE) situation?

In a Transfer of Undertakings (TUPE) situation where a transfer applies, employees of the outgoing contractor (the transferor) who has lost a contract  to the new contractor (the transferee), may transfer to the transferee.   In this situation, the question arises as to who is in scope to transfer?   Who is in scope to…


The “use” of tangible assets in assessing a transfer (TUPE) situation

In a Transfer of Undertakings (TUPE) situation, the use of a contracting organisation’s assets may be transferred from the outgoing contractor (the transferor) to the new contractor (the transferee) in the event of the loss of a contract.   Depending on the case, the “tangible asset” owned by the contracting organisation could be machinery say…


Loss of a contract “by itself” does not indicate transfer of undertaking

A rights commissioner has ruled that the transfer of a service contract by Tesco from Keelings to Stobart did not constitute a transfer under the Transfer of Undertakings Directive.   The Rights Commissioner agreed that the “mere loss of a service contract to a competitor cannot by itself indicate the existence of a transfer within…


Beware the Hidden Costs in Winning Contracts where a TUPE Applies

Beware the Hidden Costs in a Transfer of Undertakings (TUPE) A TUPE or a Transfer of Undertakings, defined under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, S.I. No. 131 of 2003, applies to any transfer of an undertaking, business or part of a business from one employer to another employer….


Does Outsourcing Create a TUPE Situation?

Are there TUPE implications for the incumbent contractor, if the business has been outsourced before, when they lose the contract to another contractor?   Are there TUPE implications for the incumbent contractor, or for the new contractor, if the business had been outsourced before, when the contract is lost by the incumbent to another contractor?…


Transfer of Undertakings

Transfer of Undertakings – An Overview

Transfer of Undertakings Legislation The key relevant legislation in Ireland includes:   European Council Directive 2001/23/EC, introduced into Ireland as the European Communities (Protection of Employees on Transfer of Undertakings) Regulations SI 131/2003 Employees (Provision of Information and Consultation) Act, 2006   Principal Aims of the TUPE Regulations The Protection of Employees on Transfer of…


Transfer of Undertakings

Introduction to Transfer of Undertakings (TUPE) Legislation

Background to TUPE A transfer of undertakings occurs when a business, or part of a business, is taken over by another employer as a result of a merger, acquisition or transfer of a part or all of the business. The relevant legislation in a transfer of undertakings situation such as this is the European Council…


Employee Asked for Resignation Letter after TUPE – Results in Constructive Dismissal

Background to the Complaint The claimant started her first job in a hotel in 1997. She joined another hotel in 2003 where she was Manager at the time of the dispute.   Following another case against the hotel which was heard by the Employment Appeals Tribunal, employment contracts and HR policies and procedures were put…


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