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Unknowingly Transferred? Employment Law

  • 22-07-2009 6:45pm
    #1
    macy9
    Closed Accounts Posts: 208 ✭✭


    Im studying employment law and while it goes into transfer of undertakings i cant find the answer to this type of scenario:

    Can someone be transferred without actually being informed?

    Lets say jack works in a big store and his department sells shoes and shoelaces and has done for 10 years. He's told that the store is going to go under redecoration and in order to save on space they're going to separate shoelaces and put it on another floor. Jack comes in one day and finds shoe laces is on another floor as jack is particularly good at selling shoe laces it is implied that he will work up on that floor where shoe laces are. He is assured that shoelaces is still apart of the shoe department and he will still get the same commission. Jack notices that sales of shoelaces are dramatically down ever since it was relocated to the 1st floor. Then a few months later he is told that he can only have commission from his sale of shoe laces which is obviously pittance in comparison to shoes. He is told that he should never have received shoe commission in the past 2 months as he has been transfered to the buttons department by virtue of the fact that buttons is next to the shoe laces 'department'. While he had previously been assured that he was apart of shoes and that nothing would change he is now being told that he is in fact apart of buttons and must receive the lower commission.

    He has essentially been transfered after the fact and is now down 100 euro a week in commission. Advise Jack on his rights


Comments

  • #2
    dermot_sheehan
    Closed Accounts Posts: 2,062 ✭✭✭dermot_sheehan


    Transfer of undertakings means an employee has same contractual rights as against new employer as against old when "undertaking" i.e business, good will, plant etc is sold.

    In the above example there is no indication that his employer changed or that an "undertaking" was sold. He therefore has same contractual rights against his employer as he always had by virtue of his employment contract. He might be able to sue for breach of his employment contract depending on its terms.


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