Location: Northern Ireland
Rep.of Ireland
Location: Northern Ireland
Rep.of Ireland

First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

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What are the Differences for Employers to be Aware of Regarding TUPE Transfers in NI and the Rest of the United Kingdom?

Posted in: First Tuesday Q&A NI on 07/11/2023 Under the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Service Provision Change (Protection of Employment) Regulations (Northern Ireland) 2006 (generally referred to as “TUPE”), the legal protections for employees being transferred between companies in NI are largely...
This article is listed under the following topics:
Transfer Regulations (TUPE) Transfer of Undertaking (TUPE)

GDPR implications of providing employee information in a TUPE situation

Posted in: First Tuesday Q&A NI on 04/06/2019 In a TUPE transfer, the transferor (former employer) must provide the transferee (new employer) with employee liability information in relation to the transferring employees as set out under Regulation 11 of the Transfer of Undertakings (Protection of Employment) Regulations 2006 (“TUPE”) This in...
This article is listed under the following topics:
Data Protection and GDPR Transfer of Undertaking (TUPE)

What amount of time do we need to allow to pass following a TUPE transfer to change the terms and conditions of transferred employees?

Posted in: First Tuesday Q&A NI on 03/04/2017 Whether or not an employer can change terms and conditions following a TUPE transfer depends on the reason for the change. Any attempt to vary the transferring employees' terms and conditions of employment, whenever it takes place, will be void where the sole or principal reason for the variation i...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

What are the implications of Brexit for Northern Ireland’s employers?

Posted in: First Tuesday Q&A NI on 02/08/2016 What does Brexit mean for the status of our employment laws? The extent to which our employment laws will be affected will be largely dependent upon the economic relationship /trade arrangement to be agreed between the UK and the remaining 27 member states of the EU. It is likely, however, that th...
This article is listed under the following topics:
Discrimination Working Time Data Protection and GDPR Transfer of Undertaking (TUPE) Pay Tribunal Practice Procedures and Jurisdictional Issues

What happens to employee(s) in the situation where a business sells one of its stores to a franchisee? Does the employee(s) of the business affected (i.e. the employee(s) who work in the store sold to the franchisee) transfer to the franchisee company?

Posted in: First Tuesday Q&A NI on 01/03/2016 The TUPE Regulations may apply to this situation if the relevant criteria for there being a TUPE transfer are met (namely, whether there is a transfer of an economic entity which retains its identity post-transfer). In many cases the sale of a business to a franchisee for TUPE purposes will be no d...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

What happens to the balance of an employee's accrued annual leave when he or she transfers in a TUPE situation?

Posted in: First Tuesday Q&A NI on 01/03/2016 The balance of a transferring employee's annual leave entitlement for the annual leave year transfers to the new employer under TUPE. The transferor does not have to pay the employee for accrued but untaken holiday at the date of transfer. The transferee must allow the employee to take the balance ...
This article is listed under the following topics:
Transfer Regulations (TUPE) Working Time

What amount of time do we need to allow to pass following a TUPE transfer before we change the terms and conditions of transferred employees?

Posted in: First Tuesday Q&A NI on 02/02/2016 This a very common question from clients. Whether or not an employer can change terms and conditions following a TUPE transfer depends on the reason for the change. Any attempt to vary the transferring employees' terms and conditions of employment, whenever it takes place, will be void where the so...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)

Please could you advise if there is a statutory provision relating to a change of payroll date in the context of a change in terms and conditions for TUPE (and other) staff. I am sure there is some form of exception for change in payroll date, but cannot find any relevant information on this.

Posted in: First Tuesday Q&A NI on 05/01/2016 The date on which staff are paid is usually a term of their contract. For example: "Your [basic] salary is £[AMOUNT] per year which shall accrue from day to day and be payable [monthly] in arrears on or about the [DATE] of each month directly into your bank or building society account."Technically,...
This article is listed under the following topics:
Transfer of Undertaking (TUPE) Pay

We have taken on 11 new units that were previously owned by another company. Certain unit managers are still having problems with internal stock takes, nearly four months after we took over. They had four weeks’ full manager’s training, training with a buddy manager, individual one-to-one training, small group training and recently more one-to-one training with our stock-taker. The next step will be a further two weeks’ training with a buddy manager. How many more adjustments do we need to make and is this a conduct or a capability issue?

Posted in: First Tuesday Q&A NI on 06/10/2015 It is positive that notable efforts have seemingly been made in this case to help those new employees assimilate to the company’s existing workforce in terms of their tasks and duties. There will be no set amount of adjustments expected of an employer, rather employers will be expected to make a re...
This article is listed under the following topics:
Discipline Transfer of Undertaking (TUPE)

We are in the process of tendering a currently out-sourced service, and have reason to believe that the incumbent is manipulating the list of TUPE eligible staff (to exaggerate its size) in order to deter other bidders from successfully bidding. Is there any legal precedent for action in cases like this?

Posted in: First Tuesday Q&A NI on 05/08/2015 This is sometimes referred to as “employee dumping” and seems to be a common feature of second or subsequent generation outsourcing. If you do not have a contractual obligation that you can pin on the outgoing supplier requiring it to provide accurate and up to date information about the transferri...
This article is listed under the following topics:
Transfer of Undertaking (TUPE)