I propose to take Questions Nos. 480 and 481 together.
I cannot provide interpretation or comment on whether TUPE regulations would apply in the event of any specific sale/transfer.
The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) safeguards the rights of employees in the event of 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.
Where an employee considers that a breach of the Regulations has occurred, they have the right to refer a complaint to the Workplace Relations Commission (WRC). The WRC are also responsible for adjudication in disputes as to applicability of TUPE.
