Bríd Smith (Dublin South Central, People Before Profit Alliance)
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27. To ask the Minister for Enterprise, Trade and Employment if he has been notified by a company (details supplied) of any proposals for redundancies; if such proposals ahead of a transfer of undertakings by it of a firm is in line with current employment legislation and TUPE directives that seeks to offer protection to workers facing such transfer of business; and if he will make a statement on the matter. [38436/21]

Damien English (Meath West, Fine Gael)
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There is an obligation under section 12 of the Protection of Employment Act 1977 which makes it mandatory on employers proposing a collective redundancy to notify the Minister for Enterprise, Trade and Employment of the proposed collective redundancy. I can confirm that no notification has been received from GMC Utilities.

A collective redundancy notification from Balfour Beatty Group Limited in respect of 28 employees was received 15 April, 2021.

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (S.I. No. 131 of 2003) apply to any transfer of an undertaking, business or part of a business from one employer to another employer as a result of a legal transfer (including the assignment or forfeiture of a lease) or merger.

The main provisions of the Regulations provide that all the rights and obligations of an employer under a contract of employment (including terms inserted by collective agreements), other than pension rights, are transferred to the new employer on the transfer of the business or part thereof. The new employer must also continue to observe the terms and conditions of any collective agreements until they expire or are replaced.

Both the outgoing and incoming employers are obliged to inform their respective employees’ representatives of, inter alia, the reasons for the transfer and the legal, social and economic implications of the transfer.

The Workplace Relations Commission (WRC) is the organisation mandated to secure compliance with employment rights legislation. Employees can refer complaints to and seek adjudications from the WRC, including in situations where an employee considers that a breach of the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 has occurred or there is a dispute between an employer and employee in relation to redundancy entitlements.

The WRC’s Customer Service and Information Unit provides information on employment, equality and industrial relations rights and obligations. A complaint may be made using the Workplace Relations e-Complaint Form available on the WRC website.