This case involved a claim that the complainant had only been informed of the transfer of his employment after it had occurred.

The respondent claimed that as the company was a publicly listed company the negotiations were conducted with the utmost secrecy and confidentiality and it therefore was not reasonably practical to consult with the employees in advance of same. They stated that they had engaged with the effected employees as soon as practical after the transfer and that they had not suffered any detriment. The respondent claimed that given the confidential nature of the discussions they had no option but to waive the statutory 30 day consultation period.

The Court analysed the applicable law and found that the regulations clearly state that there is a requirement to consult with employees in advance of the transfer taking place. The Court acknowledged that the regulations do allow for some discretion around the 30 day period but that this requirement clearly requires that the engagement occurs before the transfer is carried out.

The Court stated that there is no provision in the legislation to allow for the requirement, being the consultation in advance, to be waived in its entirety. Accordingly, the Court held that the complaint was well founded and awarded the maximum compensation, being 4 weeks' pay (exempt from income tax).
http://www.workplacerelations.ie/en/Cases/2018/March/TUD186.html