Key Legal Principles
Understanding TUPE: Key Legal Principles
Ireland’s TUPE Regulations protect employees’ rights when a business changes hands, ensuring continuity of employment and preserving terms. For example, if incoming staff have superior leave entitlements compared to your existing workforce, you cannot simply reduce them without specific legal grounds (Economic, Technical, or Organisational reasons) and fair process. Harmonisation of terms requires careful, expert advice.
- TUPE protects employees’ terms and service continuity during a transfer
- Dismissals linked to a TUPE transfer are automatically unfair unless there is a valid ETO reason
- Legal duty to inform and consult employee representatives before the transfer
- Pre-transfer liabilities can transfer to the new employer

