Labour Court upholds rejection of Alan O’Connor’s health insurance claim

The Labour Court upheld the rejection of Alan O’Connor’s claim against Accent Solutions over health insurance benefits after his employment transferred to the company. In a determination dated 15 March 2022, it found that the company had not breached transfer of undertakings protections. O’Connor said the company should have maintained his health insurance after the transfer. Accent Solutions said he was not enrolled in a scheme at the time, and later offered him access to a substantially equivalent group plan. The Court noted that his membership had lapsed before the transfer and that he declined the scheme offered when he sought to reinstate his cover. It also found there was not enough evidence to establish that the offered scheme was inferior overall.