This case is an appeal by the Claimant against the Adjudication Officer's Decision to the Labour Court. The Complainant started employment in 1997. On the 21st of October 2019, a Transfer of Undertakings took place. The Worker’s complaint was that he was not offered a minimum of 24 hours per week in the six months prior to the Transfer taking place which was in breach of the Employment Regulation Order “ERO”.

The Union on behalf of the Workers submitted that prior to the Transfer, the Worker had not been offered his entitlements under the ERO. While this occurred prior to the transfer the transferee was liable for any shortcomings once the transfer had occurred. The Worker submitted extracts from text messages for the relevant period showing the hours he was offered. The Worker submitted that he was offered no work during that period despite making contact with the Employer on numerous occasions by email.

The Employer maintained that they did not have access to the records for the period and that the claim should have been taken against the previous Employer. It was their view that the Worker was being opportunistic in taking the claim at this point. The Employer also submitted that the Worker should have been able to produce a P60 for 2019 showing his earnings for the year.

The Court concluded that any liability arising falls on the current Employer. The Employer in this case has been unable to dispute the evidence given by the Worker that he was not offered work for a number of weeks in breach of the ERO. The Court, having reviewed the documentation submitted found that the shortfall covered a nine-week period when the Worker was not provided with any work. Accordingly, the Court found that the Employer owed the Worker the sum of €2,451.50 as a result of the breach of the ERO.
https://www.workplacerelations.ie/en/cases/2021/january/lcr22335.html