We are about to lose a contract to a competitor and, as I understand Transfer Regulations legislation, the employees specifically employed under this contract will transfer with it. Could you advise if the employees have discretion in this matter, i.e. can they elect to remain with this company and if so, are we obliged to find them alternative positions within the company?Posted in : First Tuesday Q&A ROI on 2 November 2010
|The loss of a contract does not automatically trigger the application of the European Communities (Protection of Employees of Transfer of Undertakings) Regulations 2003. It will have to be determined whether there is a transfer of an economic entity which retains its identity. If the Regulations do apply, any employees who are assigned to that economic entity will be entitled to transfer to the new employer, on their existing terms and conditions of employment, with their lengths of service intact. |
Employees can refuse to transfer, but if their jobs no longer exist with the old employer,
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.
Back to Q&A's This article is correct at 03/09/2015
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.