The Labour Court rejected Martina Lynch’s appeal over whether her role transferred after Bidvest Noonan (ROI) Ltd’s contract at University Hospital Kerry ended. In a determination dated 11 December 2020, it upheld the Adjudication Officer’s decision that no transfer of undertakings had occurred.
Lynch argued that she had transferred to a new provider without the protections required by the regulations or had been made redundant. Bidvest Noonan said the workers transferred under the regulations to a new provider. The Court found that the 14 Health Care Assistants were individually assigned to hospital duties, had no management structure or shared working method, and had no scope to organise their work as a group. It concluded that Bidvest Noonan had made staff available to the hospital, rather than maintaining an autonomous group capable of transfer. The appeal failed.