An Employer v A Worker [2021]

Posted In: Case Law
  • Decision Number
    LCR22335
  • 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

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 20/01/2021
Disclaimer:

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