OCS One Complete Solution Limited v Paul Grant Posted In: Case Law
Case ReferenceILCR Determination No. TUD186
Legal BodyLabour Court (LC)
Type of Claim / JurisdictionTransfer Regulations (TUPE), Contracts of Employment, Transfer of Undertaking (TUPE)
This case involved a claim that the complainant had only been informed of the transfer of his employment after it had occurred.
The respondent claimed that as the company was a publicly listed company the negotiations were conducted with the utmost secrecy and confidentiality and it therefore was not reasonably practical to consult with the employees in advance of same. They stated that they had engaged with the effected employees as soon as practical after the transfer and that they had not suffered any detriment. The respondent claimed that given the confidential nature of the discussions they had no option but to waive the statutory 30 day consultation period.
The Court analysed the
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