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?
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