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OCS One Complete Solution Limited v Paul Grant [2018]

Posted In: Case Law
  • Case Reference
    ILCR Determination No. TUD186
  • Legal Body
    Labour Court
  • 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

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This article is correct at 11/04/2018
Disclaimer:

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