Elaine Corkery’s WRC complaint over dental practice transfer ruled statute barred

The Workplace Relations Commission ruled Elaine Corkery’s complaint about changes to her employment terms after a dental practice changed hands was statute barred. Adjudication Officer Patsy Doyle’s decision was dated 3 October 2023. The time limit meant the substantive allegations were not decided. Corkery, a dental nurse, said her working terms were not preserved when the practice transferred during her maternity leave in July 2021. She said she had agreed to a 35-hour week and paid sick leave with the former owner, and learned of a change to her hours when she returned to work. The respondents disputed that a 35-hour arrangement had been agreed or recorded. Doyle found Corkery was aware of the dispute by October 2021 and had not shown reasonable cause to extend the statutory time limit. The complaint was therefore statute barred, and the adjudicator was precluded from deciding whether her employment terms had been preserved under the Transfer of Undertakings Regulations.