Employer Falls Foul of TUPE Regulations in WRC

Tony Breslin v Trinity Motors Wicklow Limited ADJ-00033852 concerned several complaints to the Workplace Relations Commission (“WRC”) under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (“TUPE Regulations”). In short, the TUPE Regulations exist to safeguard the rights of employees where there is a change in the legal owner of the business or part of the business in which they are employed. The TUPE Regulations implement Directive 2001/23/EC, 12^th March 2021 (Acquired Rights Directive) and provide that employees are entitled to the same terms and conditions of employment that they enjoyed before the change in ownership subject to limited exceptions.

Facts: The Complainant was employed as a Brand Manager and Head of Sales in Sinnott’s Auto Ltd (“the Transferor”), at the time of the transfer. He had worked for the Transferor continuously since June 1996. On 14^th December 2020 the Complainant received the following notification…

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