Explains how the regulations are derived from EU law and when they apply, how insolvency affects TUPE and that the transfer must involve a change of employer. Also defines an undertaking, describes the employers' obligation to inform and consult, and which rights and obligations transfer. Finally discusses whether employees can object to a transfer and finishes by explaining the redress for breaching the regulations.
The law relating to transfers of undertakings comes from European law and is designed to safeguard employees’ rights when businesses (or parts of businesses) are taken over. The various Directives have been transposed into Irish law by way of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 as amended.
When do the Regulations apply?
Transfer must involve a change of employer
What is an 'undertaking'?
Employers' obligation to inform and consult
What rights and obligations transfer?
Can employees object to a transfer?
Redress for breach of the Regulations
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