Jurisdiction(s):
Ireland

Ireland-TUPE (SI 131/2003): Practitioner checklist covering information/consultation, election of representatives, due diligence, pensions, termination and redundancy

Published by a Lexis+ Ireland - Employment expert

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-TUPE-Information and consultation for further details.

From the date of transfer onwards, the transferee is liable for any statutory obligations relating to information and consultation in this regard. Before the date of transfer, the transferor is responsible for supplying employees, and the relevant employees’ representative, with information about the transfer. If there is a recognised trade union in place, the transferor must engage...

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Dr. Brenda Daly

Dublin City University

Dr Brenda Daly is an Associate Professor of Law in the School of Law and Government, Dublin City University, where she researches and lectures on Employment Law, European Employment Law, Law and Dispute Resolution (arbitration and mediation), and Healthcare Law. Brenda is a co-author of the Principles of Irish Employment Law (Dublin: Clarus Press, 2010). Dr Daly is a former Irish Research Council funding awardee. Brenda has contributed articles on employment law matters to RTÉ Brainstorm https://www.rte.ie/author/1258518-brenda-daly/ and The Conversation https://theconversation.com/profiles/brenda-daly-1489947/articles. Brenda has delivered workshops on a consultancy basis for the Fáilte Ireland “Leading Edge Management and Business Skills – A Legislative Update” training and skills programme for managers working in the hotel and tourism industry; and as part of the Irish Rail – Building a Resilient Organisation Pilot Programme on “The principal legislation on safety and health at work, in particular the Safety, Health & Welfare at Work Act,...

Web page updated on 27/05/2026

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