Does TUPE apply in Republic of Ireland?

Does TUPE apply in Republic of Ireland?

During any business (or part of a business) transfer or merger, there is a legal obligation under the TUPE regulations in Ireland for the new employer to take on existing staff under the same contractual terms. TUPE is applicable whether you are an employee, apprentice, agency worker, or civil servant/state employee.

How does TUPE work in Ireland?

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. The new employer must carry out the previous economic activity of the business employer. The business must be transferred as a “going concern”.

What is the law on TUPE?

TUPE regulations protect your rights as an employee when you transfer to a new employer. 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.

How long are you protected under TUPE?

The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.

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.

Does TUPE apply in Dublin?

While it is settled law that TUPE can apply to outsourcing, TUPE does not automatically apply to every outsourcing, or indeed insourcing, in Ireland. In order to trigger TUPE an outsourcing, insourcing or changeover of contractors must involve the transfer of an economic entity which retains its identity.

What is not protected by TUPE?

Employees aren’t protected under TUPE if the contract is: for the supply of goods for the company’s use (eg a restaurant changing food suppliers) for a single event or short-term task (eg a catering company being used for a large corporate event)

Can my new employer change my working hours under TUPE?

Your new employer cannot change your terms and conditions to harmonise them with their existing staff. But, if your employer can show that there is an Economic, Technical or Organisational reason to change your Terms and conditions, these changes may be allowed under TUPE.

Can my hours be changed under TUPE?

Under TUPE, any attempt to change your contract terms will be void if the only reason or main reason for the change in contract terms is the TUPE transfer. This means it would be unlawful for your new employer to reduce your pay, or make any of your existing contract terms less favourable.

In what circumstances does TUPE not apply?

TUPE will not apply to a service provision change if: there is only a supply of goods for the client’s use • the service provided is a single event or task of short-term duration (such as an exhibition or a conference).

How does TUPE affect my pension?

Under TUPE, an employee’s contractual rights in respect of personal pension arrangements will automatically transfer to the transferee. This means that, for example, following the transfer, the transferee has an obligation to make the same contributions to the contract based pension scheme as the transferor made.

Does Tupe apply in Northern Ireland?

If the contract is an all-Ireland contract, even if TUPE does not apply in the Republic of Ireland, it may apply in Northern Ireland. Negotiate indemnities as soon as possible in respect of TUPE issues that arise on entry and on exit.

What is a TUPE transfer?

TUPE or the Transfer of Undertakings Directive of 1977, which became part of Irish law by the European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations, 1980, protects the rights of employees where the business in which they are employed is transferred to a new owner.

When were the TUPE regulations first passed?

The Regulations were first passed in 1981, overhauled in 2006, and further amendments were made in 2014. TUPE is a significant and often tricky piece of legislation adopted by the UK in order to implement the EU’s Acquired Rights Directive. Why do you need to know anything about TUPE?

What do you need to do to comply with TUPE?

What do you need to do to comply with TUPE? Inform and consult with staff. Employers involved in a business transfer must inform appropriate representatives of the affected employees of the transfer and any measures proposed, and must consult on any proposed measures.