Dublin City University
3 Contributions by Dublin City University Experts
PRACTICE NOTES
This Practice Note considers the transfer of employees under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (SI No 131/2003 (IRL)) (TUPE Regulations 2003 (IRL)), as revised by the Workplace Relations Act 2015 (Ireland). The TUPE Regulations 2003 (IRL) give domestic effect to Council Directive 2001/23/EC of 12 March 2001, which harmonises Member States’ laws concerning the protection of employees’ rights when undertakings, businesses, or parts of undertakings or businesses are transferred (Council Directive 2001/23/EC).
Definition of employees
To obtain statutory protection in connection with a transfer of an undertaking, individuals must be regarded as employees. Council Directive 2001/23/EC does not provide a definition of an employee. Rather, it specifies that ‘(d) “employee” shall mean any person who, in the Member State concerned, is protected as an employee under national employment law’. SI No 131/2003 (IRL), reg 2(1)
Ireland - Employment
CHECKLISTS
This Checklist sets out an overview of the principal legal and practical matters that may call for attention during a transfer of undertakings carried out under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (SI 131/2003 (IRL) (TUPE Regulations 2003 (IRL)), as amended by the Workplace Relations Act 2015 (Ireland) (WRA 2015 (IRL)).
Information and consultation
Both the transferor and the transferee alike bear statutory duties in relation to information and consultation before, during, and after the transfer process. The scope of those statutory responsibilities is ultimately fixed by reference to the date of transfer. Up to the transfer date, the transferor remains liable for all statutory obligations concerning information and consultation on the transfer process and the potential impact on employees’ rights linked to their contract of employment. See further Practice Note:
Ireland - Employment
CHECKLISTS
This Checklist sets out the principal time limits practitioners should note when lodging claims with the Workplace Relations Commission (WRC). For fuller guidance on filing a WRC complaint, see Practice Note: Ireland-Making a complaint to the Workplace Relations Commission (WRC)...
Employment related claims
Complaints arising under the Employment Equality Acts 1998–2015 (Ireland) (EEA 1998 (IRL)) or the Pensions Acts 1990–2015 (Ireland) (PA 1990 (IRL)) must be made by completing the online complaints form available on the WRC website. See the WRC website for further information on employment related claims...
Type of claim: Employment related claims
Time limit: Six months from the date of the alleged discrimination; where multiple alleged incidents occur, the relevant date is that of the most recent incident...
Ireland - Employment
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