Is pension covered under TUPE?
Entitlement to pension benefits under occupational pension schemes do not, as a general rule, transfer under TUPE. This is because of a specific carve out in the Acquired Rights Directive that excludes benefits for old age, invalidity or survivors from the scope of protection.
What happens to pension when you TUPE?
Under TUPE, an employee’s contractual rights in respect of personal pension arrangements will automatically transfer to the transferee. This means that, for example, following the transfer, the transferee has an obligation to make the same contributions to the contract based pension scheme as the transferor made.
Does TUPE apply in Republic of Ireland?
During any business (or part of a business) transfer or merger, there is a legal obligation under the TUPE regulations in Ireland for the new employer to take on existing staff under the same contractual terms. TUPE is applicable whether you are an employee, apprentice, agency worker, or civil servant/state employee.
How long is salary protected under TUPE?
The period of protection afforded by TUPE is indefinite. If the change to a transferring employee’s terms and conditions of employment is because of the transfer, it will be prohibited, even if it occurs some years after the transfer took place.
Do occupational pensions transfer under TUPE?
Most rights under an occupational pension scheme are excluded from TUPE, so they do not automatically transfer with the employees; however, employers need to be aware of rights that can transfer and of the minimum pension provision they are required to arrange.
Do benefits transfer under TUPE?
Providing employee benefits after transfer TUPE simply preserves any existing contractual benefits; it does not improve them for the employees. A transferee employer would therefore be obliged to continue to provide that particular benefit, but will maintain discretion over its scope.
What happens to my pension if my company is taken over?
If your employer is taken over or merges with another company or your role is outsourced to another employer, and you remain in employment, the pension benefits you’ve already built up in a workplace pension scheme are protected.
What is excluded from TUPE?
The regulations do not apply to transfers by way of share sales or transfer because the sale does not involve the transfer of an undertaking from one person to another or a change in service provider. So, the sale of equipment alone would not be covered. …
Who is eligible for TUPE?
Only employees on permanent or fixed term contracts are liable for TUPE transfer. Agency workers are not. If you happen to have employees who are temporarily assigned to work in a different office or department within the business or for another organisation, this can complicate the situation.
Does TUPE apply in Dublin?
While it is settled law that TUPE can apply to outsourcing, TUPE does not automatically apply to every outsourcing, or indeed insourcing, in Ireland. In order to trigger TUPE an outsourcing, insourcing or changeover of contractors must involve the transfer of an economic entity which retains its identity.
Do you get a new contract when you TUPE?
Under TUPE, any attempt to change your contract terms will be void if the only reason or main reason for the change in contract terms is the TUPE transfer. This means it would be unlawful for your new employer to reduce your pay, or make any of your existing contract terms less favourable.
Can my hours be changed under TUPE?
It really does depend. Your new employer cannot change your terms and conditions to harmonise them with their existing staff. But, if your employer can show that there is an Economic, Technical or Organisational reason to change your Terms and conditions, these changes may be allowed under TUPE.
How are pensions exempt from Regulation 10 of Tupe?
The pensions exemption in Regulation 10 of TUPE means that most rights under an occupational pension scheme are “carved out” from the normal operation of TUPE. This means that the transferee does not have to replicate or contribute to the transferor’s pension scheme.
What do you need to know about TUPE regulations?
The precise legislation governing this complex area is known as the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003. The essence of TUPE is that it protects employees’ rights and interests, where there is a business transferring from one employer to another employer.
Do you have to transfer pension to new employer under TUPE?
Although most rights under occupational pension schemes do not transfer under TUPE, this does not mean that new employers have no obligations in respect of pensions. Further regulations set out a minimum level of pension benefits that have to be provided by the new employers for their new employees. 6.
When did Tupe become part of Irish law?
TUPE or the Transfer of Undertakings Directive of 1977, which became part of Irish law by the European Communities (Safeguarding of Employees’ Rights on Transfer of Undertakings) Regulations, 1980, protects the rights of employees where the business in which they are employed is transferred to a new owner.