Business Transfers: Euro Car Parks (Ireland) Limited and Dermot KellyPosted in : LK Shields on Employment Law on 11 September 2018
The Labour Court recently held that a “transfer of an undertaking” had taken place in a scenario where there was no transfer of assets - but where the same core assets continued to be used after the transfer.
The Transfer of Undertakings Regulations
Under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, when there is a business transfer to which the Regulations apply, then the employees automatically transfer with the business to the new operator of the business. The employees transfer with their existing terms and conditions of employment safeguarded and their continuity of service intact.
What Constitutes a Business Transfer?
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial 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.
More Employment Law Updates
- Working Beyond a Mandatory Retirement Age – Considerations for Employers
- Dealing with Complaints of Bullying and Harassment in line with new Bullying Code
- Variation of Employment Contracts: Consent and COVID-19
- Remote Working And Compliance With Working-Time Rules
- Variation of Terms and Conditions Prior To Transfer Unenforceable
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.