What is TUPE Ireland?
What is TUPE 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”.
Does TUPE apply in Spain?
No, unless the transfer impacts essential changes in the organisation of work or legal grounds for employment. No, only if this will imply the application of labour measures to the employees in Spain.
What does TUPE stand for?
Transfer of Undertakings
When a business changes owner, its employees may be protected under the Transfer of Undertakings (Protection of Employment) regulations ( TUPE ).
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 protected under TUPE?
TUPE regulations protect employees’ rights when they 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.
Who is eligible for TUPE?
The protections of TUPE only apply to employees. The definition of an employee under TUPE is wider than normal and will include an individual who works under a contract of employment or apprenticeship. If you are a worker, an agency worker or self-employed TUPE will not apply to you.
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.
How does TUPE work?
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.
Can my salary be reduced 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.
What is the notice period for TUPE?
45 days
How much notice am I entitled to? The organisation needs to give you 45 days notice. However, some organisations will give more than this to enable employees to ask questions and attend meetings.
Can my working hours be changed under TUPE?
It really does depend. 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.
How long should TUPE consultation last?
Unless the measures proposed are extremely minor, it seems unlikely that a process of meaningful consultation could be concluded in much less than two weeks, assuming that appropriate represntatives were already in place and no elections had to be held.
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 employment law?
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. It’s a complex employment law issue and one we explain in detail across this guide.
Can a transfer of an undertaking be covered by Tupe?
Transfer of Undertakings. There must be a transfer of an undertaking for TUPE to apply. It is the transfer which triggers the rights and obligations in the TUPE regulations. If a transferor ceases trading and the transferee resumes the business some time later, it may still be covered by TUPE.
How does Tupe apply to redundancy in Ireland?
The TUPE regulations allow for the ETO (economic, technical, organisational) Defence. This means that dismissal of employees is permissible if the reasons are economic, technical or organisational. However, in Ireland this is recognised as a redundancy situation and the transferee will be liable for the redundancy costs.