The Workplace Relations Commission found that Elaine Sharkey’s employment conditions and previous service transferred to Homestyle Meats Ltd under TUPE. The decision, dated 26 September 2023, required the company to confirm in writing within 42 days that her service transferred without a break.
Sharkey had worked at Gallery Café since 2009. After it closed in June 2022, Homestyle Meats reopened the café the following month. The company argued that the circumstances did not come within TUPE and that the former café was no longer a viable going concern. The WRC found that the café retained its identity, with the same service, resources, employees and customer base.
TUPE rules protect employees’ rights when a business transfers to a new employer. The WRC found that the lease forfeiture could constitute a legal transfer under the rules. It also found that Sharkey remained an employee at the time of the transfer because her six-week statutory notice period had not expired.