Two clients of Moloney & Company Solicitors, who had been employed as cleaning staff by a contract cleaning company, have received settlements in excess of €10,000 each from their former employers. Both staff members had in excess of 5 years service with the company, when in 2010, they were dismissed by their employers when their employer lost a cleaning contract with a large retail store.
The employees consulted Moloney & Company Solicitors who advised them that their dismissals were unlawful and in breach of the Transfer of Undertaking Regulations 2003. These regulations provide for continuity of employment in cases where there has been a transfer of undertaking. In this case, the retail store had terminated the cleaning contract with its service provider and a new contract cleaning company had come in. The new company failed to take over the staff members conditions of employment and they were dismissed as a consequence of the transfer. Applications were lodged on their behalf for compensation with the Employment Appeals Tribunal and the cases were settled prior to hearing.
The transfer of undertakings regulations were also breached by the employers as they failed to properly consult with the employees and failed to advise them about the consequences of the transfer of undertakings regulations.
If you feel your employment is affected by the transfer of undertakings regulations or if you have been dismissed as a consequence of a transfer, please contact Liam Moloney, Solicitor, who is an expert in Employment law.
For further information concerning your rights under the Act simply log onto our website at www.moloneysolicitors.ie and download an application form in our employment law section.