Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 12 AUGUST 2022

Understanding TUPE Regulations

RDJ LLP
RDJ LLP
Contributor
RDJ LLP

RDJ LLP

RDJ is one of Ireland’s leading corporate law firms. With more than 300 employees and offices in...

View firm profile
Explore more from RDJ LLP

The application of European Communities Protection of Employees on Transfer of Undertakings Regulations 2003, is a complex area of law.

European UnionEmployment and HR
Alan Devaney
Alan Devaney
Author LinkedIn connections

Introduction

The application of European Communities Protection of Employees on Transfer of Undertakings Regulations 2003, (the "TUPE Regulations") is a complex area of law. The TUPE Regulations have not been amended since their introduction in 2003 and are not detailed or prescriptive in content. The legal position in Ireland is still primarily derived from case law from the courts and tribunals both at European and national level.

Before proceeding with any transaction where any business is sold or transferred, or, as discussed further below, where a business or part of a business is transferred out of a business back into another business, or where a contract is being insourced or outsourced – legal advice should be taken on the specific circumstances of the transaction. However, in this Insight we will aim to give practical advice and guidance on situations in which the TUPE Regulations were held to apply by the Labour Court.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

The Future Of Hybrid Work: Balancing Flexibility & Productivity

As Ireland's large employers increasingly mandate fixed office attendance days, new research reveals how hybrid working is evolving from unrestricted flexibility toward more structured models. With productivity concerns driving policy changes and three-day office weeks emerging as the standard, businesses face the challenge of balancing operational needs with employee wellbeing and retention priorities.
IrelandEmployment and HR
William Fry LLP
William Fry LLP
Article

Unfair Dismissal Navigating Fair Procedures At The Employment Immigration Intersection In Ireland

It may come to light that an employee who once had the right to work in Ireland may no longer have such permission. For example, they may have forgotten to apply for a renewal of their immigration permission before it expired or they may not be able to provide evidence of their immigration status during a repeat right to work check. These scenarios may produce a heart-in-mouth moment for a manager or HR.
IrelandEmployment and HR
Lewis Silkin
Lewis Silkin
Article

Neurodivergence And Reasonable Accommodation: What Employers Need To Know

Employers face growing challenges in supporting neurodivergent employees, with up to 20% of the global population potentially affected by conditions like ASD, ADHD, and dyslexia. Irish law mandates reasonable accommodations under the Employment Equality Acts, but what constitutes appropriate measures and when does the burden become disproportionate? Recent case law reveals the narrow interpretation of employer defenses and the significant financial consequences of failing to properly assess and implement wo
IrelandEmployment and HR
RDJ LLP
RDJ LLP
Article

Should I Stay Or Should I Go? Performance Management Or Exit Option?

Irish employers are increasingly exploring the 'PIP or Go' model as an alternative to traditional performance management processes, offering underperforming employees a choice between entering a formal performance improvement plan or accepting an exit package. While this approach can expedite internal processes and reduce administrative burden, it carries significant legal risks including constructive dismissal claims, discrimination allegations, and potential challenges to subsequent dismissal procedures.
IrelandEmployment and HR
Matheson
Matheson
Article

EU Introduces Mandatory Withdrawal Button For Online Consumer Contracts

The EU's new withdrawal button requirement will fundamentally reshape how online traders interact with consumers across member states. From June 2026, businesses offering digital contracts must implement a two-step withdrawal function that allows consumers to exercise their 14-day cooling-off period with unprecedented ease. What technical, operational, and legal changes must traders implement to meet these obligations, and what are the consequences of non-compliance?
IrelandConsumer Protection
RDJ LLP
RDJ LLP
Article

Rental Law Update: Recent Enactments Under The Housing And Residential Tenancies (Miscellaneous Provisions) Act 2026

Ireland's residential tenancies regime has undergone further significant reform through the Housing and Residential Tenancies (Miscellaneous Provisions) Act 2026, introducing new enforcement mechanisms and procedural changes that landlords must navigate. The RTB now wields expanded powers including fixed payment notices for compliance breaches, while adjudication hearings have shifted to public forums with published outcomes.
IrelandReal Estate and Construction
RDJ LLP
RDJ LLP
Article

Greenwashing Enforcement Has Arrived: What The EU's New Fast Fashion Rules Signal For All Consumer-Facing Businesses

The EU's Ecodesign for Sustainable Products Regulation has banned the destruction of unsold apparel and footwear from July 2026, forcing retailers to pivot from recycling and disposal to donation, resale and reuse strategies. With mandatory public reporting on unsold stock disposal and stricter policing of environmental marketing claims now in force, consumer-facing businesses across Ireland and the EU face a fundamental shift in how they manage inventory, report waste, and communicate sustainability creden
IrelandEnvironment
RDJ LLP
RDJ LLP
Article

Neurodivergence And Reasonable Accommodation: What Employers Need To Know

Employers face growing challenges in supporting neurodivergent employees, with up to 20% of the global population potentially affected by conditions like ASD, ADHD, and dyslexia. Irish law mandates reasonable accommodations under the Employment Equality Acts, but what constitutes appropriate measures and when does the burden become disproportionate? Recent case law reveals the narrow interpretation of employer defenses and the significant financial consequences of failing to properly assess and implement wo
IrelandEmployment and HR
RDJ LLP
RDJ LLP