Assets v Labour - Labour Court Decisions on Transfer of Undertakings
Published on: 25/01/2018
Article Authors The main content of this article was provided by the following authors.
Barry Reynolds Partner, Littler
Barry Reynolds Partner, Littler
Barry reynolds

Barry works closely with the senior management, inhouse legal teams and HR teams of both Irish and multinational businesses. He provides urgent and pragmatic advice on strategy and implementation for employment related issues of all kinds, from expansion to global restructuring and handling disputes when they arise.

Barry has developed particular expertise on the resolution of sensitive, urgent employment complaints and disputes, consultation processes, protecting companies’ proprietary commercial interests and TUPE transfers, and transactional support.

He is recognised in the Legal 500 EMEA (2013 – 24) and acknowledged as a leading lawyer in the Ireland employment law arena by Chambers Europe (2013 – 25) as having “notable experience in the management of cross-border redundancies” and “particularly strong in the discreet resolution of sensitive disputes.” Barry was recognised in the Business Today Lawyer Awards 2023 as one of the most Outstanding Employment Lawyers in Ireland.

Barry has been advising companies on Irish employment related issues for over 20 years and has practised in top tier commercial firms in Ireland, a full service international firm and inhouse.

Barry is a member of the Irish Law Society’s Employment and Equality Law Committee, European Employment Lawyers Association and Employment Lawyers Association of Ireland.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 implement “TUPE” in Ireland. Appeals of decisions of the Workplace Relations Commission in this area are now within the remit of the Labour Court.  Barry Reynolds analyses key cases which have come before the Labour Court in 2017 and specifically the Court's consideration of whether or not businesses are asset reliant or labour intensive. This is key to the question of whether or not the business "retains its identity" so as to fall within TUPE.

TUPE - Summary ⚓︎

Where TUPE applies it ensures continuity of employment relationships and the protection of affected employees’ rights within a business, irrespective of the change of ownership or business

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 25/01/2018
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