Transfer of Undertakings: Uncertainty Continues as to Liability

Posted in : LK Shields on Employment Law on 8 May 2018
Susan Battye
LK Shields
Issues covered:

The European Communities (Protection of Employees on the Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) place legal obligations on both the transferor and the transferee in relation to employees transferring with a business. 

Regulation 8 of the Regulations requires both the transferor and transferee to inform and consult the employees at least 30 days in advance of a transfer.  Regulation 4 provides that the transferor’s rights and obligations, arising from a contract of employment that exists on the date of the transfer shall, by reason of such transfer, be transferred to the transferee.  This appears to place liability upon the transferee for any failure

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This article is correct at 08/05/2018

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Susan Battye
LK Shields

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