How does TUPE work in Ireland?

Your employement rights under TUPE Under the Regulations the new employer is legally obliged to take on the existing employees of the business. This means that the terms and conditions in your contract of employment and your employer’s obligations are automatically transferred to your new employer.

How long does TUPE last after transfer?

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.

What is covered under TUPE?

The TUPE Regulations preserve employees’ contractual terms and conditions when a business or undertaking, or part of one, is transferred to a new employer. Any provision of any agreement (whether a contract of employment or not) is void so far as it would exclude or limit the rights granted under the Regulations.

When did Tupe become part of Irish law?

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.

What does Tupe stand for in EU law?

What is TUPE? TUPE is the name more commonly given to the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. If a new owner takes over a business, the employees in the target business enjoy legal protections contained in the regulations.

How does Tupe apply to insourcing in Ireland?

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

What are the key aspects of the TUPE regulations?

Key Aspects of the TUPE Regulations The key takeaways from the regulations are The rights and obligations arising from an employment contract transfer to the new employer from the old Employees’ pension rights do not transfer