This case involved a claim that the complainant’s employer had failed to comply with their obligations under the Regulations. The complainant alleged that the respondent had not engaged in the requisite 30 day process of information and consultation with her representatives prior to the transfer of her employment. There was no dispute between the parties as to the relevant facts, however the issue in dispute was whether the liability for the failure to comply with the Regulation rests with the respondent company (the Transferor) or was transferred to the Transferee company.

The complainant submitted that the obligation to provide information to employees fell outside the scope of Regulation 4 as it did not arise under the contract of employment and therefore did not transfer to the Tranferee.

In contrast, Counsel for the respondent submitted that the rights and obligations arose under the contract of employment and therefore had transferred to the Transferee on the date of transfer.

The Court held that there is an implied term in contracts of employment, by virtue of Regulation 8, which entitles employees to information and consultation prior to the transfer of their employment. Accordingly, they found that the remedy for the failure of the employer can only be sought against the Transferee.
http://www.workplacerelations.ie/en/Cases/2018/February/TUD183.html