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

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

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Back to Q&A's This article is correct at 01/09/2015
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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

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