Tupe transfers

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, sometimes known as TUPE, are aimed at safeguarding the rights of employees in the event that an employer’s business is taken over by another employer as a result of a legal merger or transfer. The purpose of the TUPE regulations in Ireland is to ensure that employees' rights, pay, and working conditions are not adversely affected by a transfer of business. The regulations also provide for continuity of employment, meaning that employees' employment contracts will transfer from the old employer to the new employer. The Regulations apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger.

Under TUPE, employees have the right to be informed and consulted about the transfer of business. Employers must inform employees in writing of the transfer and provide them with certain information, including the date of the transfer, the reason for the transfer, and any implications for employees' employment. Employers must also consult with employee representatives about the transfer and any measures that may be taken in relation to employees, such as changes to their employment terms and conditions. TUPE also provides protection against dismissal for employees as a result of a transfer of business. Employers cannot dismiss employees solely because of the transfer, and any dismissal that occurs will be deemed to be unfair unless the employer can demonstrate a valid reason for the dismissal that is not connected with the transfer.