Dáil Éireann Debate, Tuesday - 15 June 2021
145. Deputy Bríd Smith asked the Tánaiste and Minister for Enterprise, Trade and Employment if the transfer of undertakings obligation on employers will apply to the proposed closure and transfer of business by a bank (details supplied); and if he will make a statement on the matter. [30805/21]
View answerThe Tánaiste cannot provide interpretation or comment on whether TUPE regulations would apply in the event of any specific sale/transfer. The Workplace Relations Commission (WRC) hold the role of adjudication in disputes as to applicability of TUPE.
The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger.
The main provisions of the Regulations provide that all the rights and obligations of an employer under a contract of employment (including terms inserted by collective agreements), other than pension rights , are transferred to the new employer on the transfer of the business or part thereof. The new employer must also continue to observe the terms and conditions of any collective agreements until they expire or are replaced.
Both the outgoing and incoming employers are obliged to inform their respective employees’ representatives of, inter alia, the reasons for the transfer and the legal, social and economic implications of the transfer.
Complaints relating to alleged contravention of the 2003 Regulations can be brought in the first instance to an Adjudication Officer of the WRC and, on appeal, to the Labour Court. Any such case should be taken within six months of the date on which an employee considers that there has been a contravention of the Transfer of Undertakings Regulations.
