Important Update: WRC confirms liability for breach of
information and consultation obligations under the TUPE Regulations
rests with the Transferee
An Adjudication Officer of the Workplace Relations Commission
has confirmed that where a transferor fails to inform and consult
with its transferring employees, as required under Regulation 8 of
the European Communities (Protection of Employees on Transfer of
Undertakings) Regulations 2003 (the "TUPE
Regulations"), liability for such failure passes to
the transferee and there is no recourse against the transferor.
The case in question, Elizabeth Collins v J Donohue
Beverages Limited (ADJ-00007777), was one of three test cases
against the transferor, a beverages company in receivership, for
failure to comply with the information and consultation
requirements under the TUPE Regulations. It was not in
dispute in this case that no consultation with the transferring
employees took place.
