Our business is that of sale and distribution of products and we act as agents for a number of principles. In the event of us taking over the distribution of products from a previous distributor, does this represent a TUPE transfer for the previous distributor's employees or is this exempt as we are not providing a service?

Posted in : First Tuesday Q&A ROI on 1 September 2015
Elaine Mettler
Arthur Cox
Issues covered:

The law on transfer of undertakings in Ireland is governed by the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “TUPE Regulations”). These regulations implemented the European Communities Acquired Rights Directive. 

For the purposes of responding to this query we will refer to the outsourcing principle as “P”, the original distributor as “D” and the potential new distributor (i.e. the entity posing the question) as “B”. 

The outsourcing of services from P to D in the first instance is known as a “first generation transfer” for the purpose of the TUPE Regulations. If B takes over the services from D, as outlined in the query, this

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 01/09/2015

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.

Elaine Mettler
Arthur Cox

The main content of this article was provided by Elaine Mettler. Contact telephone number is +353 1 618 0000 or email elaine.mettler@arthurcox.com

View all articles by Elaine Mettler