Michael Brady v. Sinead McNamara [TU36/2014]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeals Tribunal (EAT)
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE)
Issues covered: Transfer of Undertaking; Economic Entity

This concerned whether the post of Cork County Sheriff could be considered an economic entity for the purposes of the Regulations and if so, whether there had been a relevant transfer.

The Tribunal held that the Office of the Sheriff is not precluded from being an economic entity by reason of the office being held by a natural entity. The Tribunal reached this determination by examining the activities carried out by the Office itself and concluding that the enforcement of judgments constitutes an economic activity and that the Sheriff and her staff are an organised grouping of persons and assets which enable this activity.

In terms of whether a relevant transfer had taken place, the

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This article is correct at 25/11/2015

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Breda O'Malley
Hayes Solicitors

The main content of this article was provided by Breda O'Malley. Contact telephone number is +353 1 662 4747 or email bomalley@hayes-solicitors.ie

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