TUPE Regulations In Ireland - A Practical Guide For Employers

TUPE Regulations protect employees when a business or service is transferred to a new employer in Ireland. They key question is whether the transferring operation remains an economic entity that retains its identity after the transfer. Early legal analysis helps employers identify, liabilities, plan consultations steps, and assess transaction risk.

Article highlights:

1. Employees transfer to the new employer with their existing rights and continuity of employment.
2. The Spikers test helps assess whether TUPE applies to a particular transfer.
3. Transferers and transferees have information and potentially consultation obligations before completion.
4. Dismissals connected to the transfer require careful analysis and may only be lawful in limited circumstances.