The first thing to say about this, as you probably know already, is that it is a very complex piece of Employment Law. Every case must be looked at and one must not assume that TUPE applies automatically. The European Directive’s purpose is to safeguard Employees rights upon such a transfer. It is dangerous in the extreme to assume the Law in the UK on TUPE is the same as the Law here. This is not the case! We follow the jurisprudence of the European Court of Justice whereas in the UK they rely on the UK TUPE Regulations. Beware!
Employment Department, Healy O’Connor Solicitors, Cork and Dublin.