What is meant by transfer of undertakings?

What is meant by transfer of undertakings?

The transfer of an undertaking refers to the transfer of a discrete economic entity to another party, for example, the sale of a business to a new owner.

Does TUPE apply in Ireland?

While it is settled law that TUPE can apply to outsourcing, TUPE does not automatically apply to every outsourcing, or indeed insourcing, in Ireland. Similarly, a changeover of contractors is not a transfer of an undertaking of itself.

Can my employer transfer me to another company?

An individual’s employment cannot be automatically transferred to another employer without following the proper procedures under the Transfer of Undertakings (Protection of Employment) (TUPE) Regulations, a tribunal has confirmed.

What is a transfer of undertaking in employment law?

TUPE stands for Transfer of Undertakings (Protection of Employment). A ‘TUPE transfer’ happens when: an organisation, or part of it, is transferred from one employer to another. a service is transferred to a new provider, for example when another company takes over the contract for office cleaning.

Who is eligible for TUPE?

Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not. If you happen to have employees who are temporarily assigned to work in a different office or department within the business or for another organisation, this can complicate the situation.

How do you transfer Tupes?

TUPE transfer checklist for the incoming employer

1. Obtain essential information from the outgoing employer.
2. Obtain ’employee liability information’
3. Provide any ‘measures’ information to the outgoing employer.
4. Meet with transferring employees.
5. Identify any contractual benefits.
6. Write to transferring employees.

When would TUPE not apply?

TUPE applies to public sector transfers if the transfer is from the public sector into the private sector or from one public authority to another. For example, from the NHS to a local authority. TUPE does not apply to transfers within the public sector where the employer does not change.

Can an employee refuse a transfer?

When a person is an “at will employee” and refuses to transfer, it may result in a termination, unless the employer stated in a written contract that the employee’s position would not require a relocation. The employer will likely characterize it as an at-will quit or job abandonment depending on the circumstances.

In what circumstances does TUPE not apply?

What employees does TUPE apply to?

The TUPE Regulations define an employee as any individual who works for another person whether under a contract of service or apprenticeship or otherwise but does not include anyone who provides services under a contract for services.

How long are you protected under TUPE?

indefinite period
TUPE regulations give some protection to your terms and conditions for an indefinite period. For example, if your new employer wants to change your terms and conditions 10 years later, they’d still need a valid reason for the change that is unrelated to the transfer.

What is the law relating to transfers of undertakings?

The law relating to transfers of undertakings comes from European law and is designed to safeguard employees’ rights when businesses (or parts of businesses) are taken over. The various Directives have been transposed into Irish law by way of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 as amended.

What are the regulations for transferring a business?

The Regulations apply to any legal transfer or merger of any undertaking, business, or part of an undertaking or business from one employer to another. A transfer can be by way of a lease or licence, franchise or other arrangement. There does not necessarily have to be a change of ownership. There are various types of insolvency situations.

What is a European Directive on transfer of undertakings?

A European Directive resulted in the European Communities (Protection of Employees on Transfer of Undertakings Regulations) 2003. This is a complex area of law and it is always advised to seek Trade Union assistance when faced with such situations.

What is a transfer of undertaking (Tupe)?

A transfer of undertakings (also known as TUPE) is where employees are transferred to another employer as part of a legal merger or sale of the business. For a transfer of undertaking to take place: There must be a change in the person (either an individual or a company) responsible for running the business