An Employer v A Worker [2021]

Posted In: Case Law
  • Decision Number
  • Legal Body
    Labour Court (LC)
  • Type of Claim / Jurisdiction
    Transfer of Undertaking (TUPE), Pay
Issues covered: Section 45(A) Industrial Relations Act; TUPE

This case is an appeal by the Claimant against the Adjudication Officer's Decision to the Labour Court. The Complainant started employment in 1997. On the 21st of October 2019, a Transfer of Undertakings took place. The Worker’s complaint was that he was not offered a minimum of 24 hours per week in the six months prior to the Transfer taking place which was in breach of the Employment Regulation Order “ERO”.

The Union on behalf of the Workers submitted that prior to the Transfer, the Worker had not been offered his entitlements under the ERO. While this occurred prior to the transfer the transferee was liable for any shortcomings once the transfer had occurred. The Worker submitted

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This article is correct at 20/01/2021

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