TUPE

Quick links to our Practice Note materials

Links to our Practice Note materials are provided below:

  1. Ireland—Employment tax implications of a TUPE transfer

  2. Ireland—TUPE—Information and consultation

  3. Ireland—TUPE—transfer of employees

TUPE—key points

SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (TUPE Regulations 2003 (IRL)) have been in force since 11 April 2003.

These Regulations implement Council Directive 2001/23/EC of 12 March 2001 on the approximation of the laws of the Member States relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses on the approximation of the laws of the EU member states (Member States) relating to the safeguarding of employees' rights in the event of transfers of undertakings, businesses or parts of undertakings or businesses.

In broad terms, TUPE:

  1. automatically transfers to the transferee all the employees working in the undertaking together with their contracts of employment (subject to their individual right to object and excluding certain rights in relation to occupational pension schemes)

  2. transfers to the transferee liability in respect of employees dismissed by the

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