ADJUDICATION OFFICER DECISION
Adjudication Reference: ADJ-00007083
Parties:
| Complainant | Respondent |
Anonymised Parties | A Retail Employee | A Retail Outlet |
Representatives |
|
|
Complaint:
Act | Complaint Reference No. | Date of Receipt |
Complaint seeking adjudication by the Workplace Relations Commission under Regulation 10 of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) | CA-00009132-001 | 17/01/2017 |
Date of Adjudication Hearing: 31/08/2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Procedure:
In accordance with Section 41 of the Workplace Relations Act, 2015 following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint.
Background:
The complainant is an employee in a retail shop which is in the process of being taken over by a new owner. |
Summary of Complainant’s Case:
Discussions are ongoing about completing the sale of the respondent business. In the course of these the putative new owner made some comments about the possibility of adverse changes in the complainant’s conditions of employment. |
Summary of Respondent’s Case:
The respondent attended and gave evidence that no transfer had yet taken place. The proposed new owner was in fact managing the business but he had not yet fully acquired it. Therefore there has, as yet, been no transfer of the business to bring it within the scope of the TUPE Regulations. |
Findings and Conclusions:
No complaint arises in this case under the Regulations until a transfer has taken place. In addition there has been no actual change in the complainant’s terms of employment. The complaint is therefore misconceived and falls. |
Decision:
Section 41 of the Workplace Relations Act 2015 requires that I make a decision in relation to the complaint in accordance with the relevant redress provisions under Schedule 6 of that Act.
For the reason set out above complaint CA-00009132-001 is not upheld and is dismissed |
Dated: 17 November 2017
Workplace Relations Commission Adjudication Officer: Pat Brady
Key Words: