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TUPE regs - help!

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  • 01-07-2019 9:53pm
    #1
    Qwerty77
    Registered Users Posts: 5 ✭


    My understanding of TUPE is that all the obligations under Irish law are on the employer.
    My previous company’s contract with me had a ridiculous 6-month notice period, but we were transferred under TUPE over 2yrs ago, after which we were not given any renewed contracts with the new company and no written accord or instructions were given by the company since the transfer.

    Does this mean in the absence of a contract with my current company, that I am now free to give shorter notice? Or am I obligated to abide by my previous contract?
    UK law seems to differ in that the obligations under TUPE transfer to both the employer & employee, but all references I find in Irish legislation only extend to the employer...

    Thanks


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    #2
    nuac
    Moderators, Society & Culture Moderators Posts: 6,769 Mod ✭✭✭✭nuac


    Mod
    You should consult your own solicitor on this as legal advice not given here.
    Subject to that forum rule am leaving this open for general discussion


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    #3
    [Deleted User]
    Posts: 0 ✭ [Deleted User]


    the first thing id note is that kind of clause is very very rarely enforceable. its impractical in all but the highest profile or most sensitive positions to even attempt to do so.

    are there very good reasons youd fear that your case would be worth your current employers chasing the full term.


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    #4
    Peregrinus
    Registered Users Posts: 26,159 ✭✭✭✭Peregrinus


    Under European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 reg. 4(1) . . .

    "The transferor's rights and obligations arising from a contract of employment existing on the date of a transfer shall, by reason of such transfer, be transferred to the transferee."

    So, if your old employer had the right to a six-month notice period, that right has transferred to your new employer.

    The question, of course, is whether your old employer ever had that right. Could the six-month notice period ever have been enforced? Was it observe in practice?


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