WRC rejects two TUPE complaints against Waterford Institute of Technology

The Workplace Relations Commission found two complaints by James Gaule against Waterford Institute of Technology not well founded, ruling that the insourcing of maintenance work was not a transfer under TUPE. The decision was dated 5 April 2023. Gaule argued that his terms and conditions should have transferred to the Institute and that he was dismissed because of the transfer. The Institute disputed that TUPE applied. The adjudicator found that, although the maintenance function retained its identity, neither tangible assets nor the workforce transferred. TUPE protects employees when a business or part of one transfers to a new employer.