OCS One Complete Solution Limited v Paul Grant [2018]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. TUD186
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Transfer Regulations (TUPE), Contracts of Employment, Transfer of Undertaking (TUPE)
Issues covered: Section 11(1), European Communities (Protection of Employees on Transfer of Undertakings) Regulation, 2003; Consultation Period

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.

We help you to understand the ramifications of each important case from Ireland and Europe.

We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.

You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.

You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.

Already a subscriber, now or Register

This article is correct at 11/04/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Legal Island
Legal Island

The main content of this article was provided by Legal Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email hub@legal-island.com

View all articles by Legal Island