Static Guard Awarded €11,500 under TUPE (Protection of Employees on Transfer of Undertakings) Regulations

Employee was a static guard at business centre in Limerick-transferred following the transfer of an undertaking-prior to transfer worked 47.5 hours per week and started at 8.30 am-after transfer asked to start at 8.00 am-employee then working 50 hours per week in contravention of Organisation of Working Time Act,1997-hours then reduced to 48 hours per week-employer claimed a national agreement with SIPTU re static guards-employee claimed there was no national agreement-he did not want to work nights-employee given notice of reduction in hours to 40 hours per week, 4 days’ work rather than 5-employer claimed there was no sense in giving 5 days resulting in a 47.5 hour week as they needed normal working day to be 10 hours-tribunal found no documentary evidence of national agreement-Tribunal found that employee was entitled to stay on a 47.5 hour week as he enjoyed prior to transfer-Tribunal varied decision of Rights Commissioner and awarded €11,500 under European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003.

Decision published: 17th July, 2013

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