First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

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 01/09/2015 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 article is listed under the following topics:
Transfer Regulations (TUPE)

In a TUPE situation, how long do the transferring employees have to be in situ? I am coming across transferees being catapulted into a site that is about to be transferred. Is there a minimum period of time a transferee has to be on site to qualify under TUPE? 

Posted in: First Tuesday Q&A ROI on 07/10/2014 Regulation 4(1) of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “TUPE Regulations”) provides that where a transfer of an undertaking occurs, the transferor’s rights and obligations arising from a contract of employment existing on the date ...
This article is listed under the following topics:
Transfer Regulations (TUPE)

What are the obligations of a contracting authority with regard to making TUPE information available at tender stage to prospective tenderers, particularly where the incumbent's contract does not provide for the release of such information? What actions should be taken by the contracting authority in such circumstances?

Posted in: First Tuesday Q&A ROI on 02/10/2012 It is worth remembering that “TUPE” (the Transfer of Undertakings Regulations) does not automatically apply in Ireland in every change of service provider situation. This is different to the UK where it is more likely to apply in such cases. In Ireland, TUPE will only apply in those specific sit...
This article is listed under the following topics:
Transfer Regulations (TUPE)

Does TUPE apply to transfer of 1 employee?

Posted in: First Tuesday Q&A ROI on 06/12/2011 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 Reg...
This article is listed under the following topics:
Transfer Regulations (TUPE)

My question is how to calculate a buy-out of existing terms & conditions of employment: Is it usually calculated on difference of annual salary between existing T&Cs and new T&Cs x number of years' service or is this calculation at the discretion of the company?

Posted in: First Tuesday Q&A ROI on 03/08/2011 We assume that this question has arisen in the context of a transfer of undertaking within the meaning of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (the “Regulations”) having occurred. One of the principal consequences of a transfer of undert...
This article is listed under the following topics:
Transfer Regulations (TUPE) Contracts of Employment

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 05/04/2011 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 transfe...
This article is listed under the following topics:
Transfer Regulations (TUPE)

Do the Transfer of Undertakings Regulations apply in circumstances where a company goes into voluntary liquidation and its business is closed with all employees being made redundant and then a buyer is subsequently found for the business, for example, a month or two later? Do the employees automatically transfer to the new owner?

Posted in: First Tuesday Q&A ROI on 01/02/2011 Owing to the chronology of events outlined in this question, it would appear that no “transfer” within the meaning of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 occurred, given that there was no transfer of a business or part of a business fro...
This article is listed under the following topics:
Transfer Regulations (TUPE)

We had two employees who could not get to and ‘from’ work because of the bad weather. One said she was snowed in and could not get out of her house (which is in the country up an untreated road). The other was travelling back from Dublin after work and the work van was slipping all over the road. After three hours of not going very far the employee booked into a hotel for the night. What are my responsibilities as an employer in these situations?

Posted in: First Tuesday Q&A ROI on 07/12/2010 It is a matter for an employer's discretion as to whether it pays an employee who is absent from work as a result of severe weather conditions, as there is no legal obligation on an employer to do so. One solution might be to consider allowing an employee to use his/her annual leave to cover these ...
This article is listed under the following topics:
Transfer Regulations (TUPE) Contracts of Employment Working Time and Leave

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 02/11/2010 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...
This article is listed under the following topics:
Transfer Regulations (TUPE) Contracts of Employment

What are the key issues to consider in determining whether or not the Transfer of Undertakings Regulations apply?

Posted in: First Tuesday Q&A ROI on 04/05/2010 In order to determine whether or not there is a transfer of a business/undertaking (or part thereof), an examination of whether there is a transfer of an “economic entity” which retains its identity should be undertaken. An economic identity is defined in the European Communities (Protection of ...
This article is listed under the following topics:
Transfer Regulations (TUPE)