Does TUPE apply to transfer of 1 employee?

Posted in : First Tuesday Q&A ROI on 6 December 2011
A&L Goodbody
A&L Goodbody
Issues covered:

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations, 2003 (the “Regulations”) may potentially apply so as to result in the transfer of the employment of one employee from a transferor to a transferee. Whether or not there is “transfer” as defined in the Regulations will need to be determined based on the factual situation. The Regulations apply to any transfer of an undertaking, business (or parts thereof) from one employer (transferor) to another employer (transferee) as a result of a legal transfer or merger.

A legal transfer can include the assignment or forfeiture of a lease. A transfer is defined as the “transfer of an economic entity which

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Back to Q&A's This article is correct at 03/09/2015

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A&L Goodbody
A&L Goodbody

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