Does TUPE apply to outsourcing?
TUPE will be a consideration in virtually all service provision changes such as outsourcing and insourcing. It can’t always be assumed that TUPE will apply, as it is dependent on a number of issues, including whether: the activities undertaken before and after the transfer remain fundamentally the same, and.
Does TUPE apply in Ireland?
During any business (or part of a business) transfer or merger, there is a legal obligation under the TUPE regulations in Ireland for the new employer to take on existing staff under the same contractual terms. TUPE is applicable whether you are an employee, apprentice, agency worker, or civil servant/state employee.
How does TUPE work in Ireland?
A transfer of undertakings (also known as TUPE) is where employees are transferred to another employer as part of a legal merger or sale of the business. The new employer must carry out the previous economic activity of the business employer. The business must be transferred as a “going concern”.
Does TUPE apply to private sector?
TUPE regulations can apply to both the public and private sectors.
How does TUPE apply in outsourcing?
The effect of TUPE
- Engages a third party to carry out certain activities on its behalf (i.e. outsourcing);
- Takes activities that were previously outsourced back ‘in-house’ (insourcing); or.
- Moves a service from one contractor to another (second generation outsourcing).
Does TUPE apply to agency workers?
On the face of it, TUPE applies to anyone working as an “employee”. TUPE defines an employee as someone who “works for another person, whether under a contract of service or apprenticeship or otherwise, but does not include anyone who provides services under a contract for services”.
Does TUPE apply in Dublin?
While it is settled law that TUPE can apply to outsourcing, TUPE does not automatically apply to every outsourcing, or indeed insourcing, in Ireland. In order to trigger TUPE an outsourcing, insourcing or changeover of contractors must involve the transfer of an economic entity which retains its identity.
Do Agency Workers transfer under TUPE?
Agency workers working temporarily in the business or part that is transferred will not, however, transfer along with the employees of the transferor who are wholly or mainly assigned to the business. Nor does TUPE give them the right to participate in the election of the employee representatives.
Does TUPE apply in an acquisition?
Does TUPE apply to such a takeover? A TUPE does not apply to a take-over of a company by way of acquisition of its share capital. This is because TUPE requires the transfer of an undertaking ‘from one person to another’. In other words, it requires the legal identity of the employer to change.
Does TUPE apply to offshore workers?
Workers or employees who are working wholly offshore will not usually be subject to the TUPE Regulations because, for a TUPE transfer to take place, there needs to be an organised grouping of employees situated in Great Britain.
Can my job title be changed under TUPE?
Is it legal to change an employee’s job title after TUPE if the job description remains the same? The general rule under TUPE is that contracts cannot be varied if the sole or principal reason for the change is the transfer. Any such changes will be void.
How does the TUPE apply to an outsourcing?
In order to trigger the application of the TUPE Regulations, an outsourcing, insourcing or change in service provider must involve the transfer of an economic entity which retains its identity. This means that the function must essentially be the same after the transfer.
When did Tupe become part of Irish law?
TUPE or the Transfer of Undertakings Directive of 1977, which became part of Irish law by the European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations, 1980, protects the rights of employees where the business in which they are employed is transferred to a new owner.
Can a TUPE be triggered by an insourcing?
The difficulty is that the TUPE Regulations do not always apply – they have to be triggered. In order to trigger the application of the TUPE Regulations, an outsourcing, insourcing or change in service provider must involve the transfer of an economic entity which retains its identity.
Is there an Irish equivalent to outsourcing in the UK?
Well, in the UK, there are very detailed regulations on Transfer of Undertakings which means that, essentially, most outsourcing type arrangements are Transfer of Undertakings and everybody knows where they stand. In Ireland, there’s no Irish equivalent.
