Under TUPE, can you: (a) Impose a smart dress code to transferring staff? (b) Generally impose their policies/procedures to transferring staff? 

Posted in : First Tuesday Q&A ROI on 5 April 2011
A&L Goodbody
A&L Goodbody
Issues covered:

I am assuming that the transferor does not currently have a policy in place concerning employees’ dress. The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “TUPE Regulations”) provide that the rights and obligations previously owed by the transferor to employees will transfer to the transferee on the date of transfer. This means that transferring employees’ existing terms and conditions of employment may not be varied, by reason of the transfer, even with their consent. As such, there is a risk that the imposition of a dress code and the attempt by the transferee to introduce its policies would be likely to be deemed a change to the

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

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.

A&L Goodbody
A&L Goodbody

The main content of this article was provided by A&L Goodbody. Contact telephone number is +353 1 649 2000 or email dublin@algoodbody.com

View all articles by A&L Goodbody