Transfer of a business

Transfer of Undertakings regulations apply where a business, or part of a business transfers from one owner to another. They are designed to safeguard employee rights in the event of such a transfer, and establish the responsibilities of both the previous and new owners of a business.

Section 21 of the Employees (Provision of Information and Consultation) Act 2006 which commenced on 24 July 2006 transposes an optional provision from the Transfer of Undertakings Directive (Council Directive No. 2001/23/EC) into Irish law. The mandatory provisions of the Directive had already been transposed by the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 - S.I. No. 131 of 2003.

Transfer of undertakings guideline

09/06/2016 - This guideline outlines the responsibilities on employers during a transfer of undertaking under the European Council Directive 2001/23/EC. This piece of legislation was introduced into Ireland as S.I. 131 of 2003.

Transfer of undertakings in Ireland and the UK - part one

03/04/2009 - The following article gives a brief comparison between the respective Regulations in Ireland and the UK transposing Council Directive 2001/23 (Transfers of Undertakings) (hereinafter called the Directive). In the first part of the article, we contrast the application in Ireland and Britain of the Regulations transposing the Transfer of Undertakings Directive, covering Regulations 3, 4, 5, 6 and 7.

Transfer of Undertakings in Ireland and the UK - part two

03/04/2009 - In HR databank No. 13, we contrasted the application in Ireland and Britain of the Regulations transposing the Transfer of Undertakings Directive, covering Regulations 3, 4, 5, 6 and 7. In the concluding part of this article, we review Regulations 8, 9, 10, 11, 12, 13, 14, 15.

Transfer of undertakings regulations and DETE guideline

28/04/2003 - The following contains the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. 131 of 2003), which apply to any transfer of an undertaking, business or part of a business from one employer to another employer.