# Outsourcing - what protection for employees ?



## redstar (7 Aug 2013)

Can an employer replace existing employees with outsourced contracters ?

My employer has told employees they will be potentially replacing existing roles with outsourced staff and their positions are under threat of redundancy.

1. Does this fall under TUPE legislation ?

2. If roles are replaced by outsourced staff, am i right in thinking this is not redundancy as defined under Irish Law  ?

3. If an employer claims that changes are due to 'organizational restructure', isn't employee legal protection pretty lame ? Surely all employers can always do outsourcing by claiming 'organizational restructure' ?

4. How would an employee know that their dismissal was solely due to outsourcing (and so is not classed as a redundancy, and is better protected under law) ?


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## shipibo (10 Aug 2013)

If the contractors are outside the Irish state , you are in trouble. Within and you are covered by employment law.

1. Does this fall under TUPE legislation ?

Ans: have company offered you new contracts ??, TUPE is changeover of employers in the main, and the existing contracts remaining intact (pensions excluded)

2. If roles are replaced by outsourced staff, am i right in thinking this is not redundancy as defined under Irish Law  ?

Has the company treated to sack you, and directly replace you with contractors.

3. If the employer claims that the change is due to 'organizational  restructure' is employee legal protection pretty lame ? Surely all  employers can always do outsourcing by claiming 'organizational  restructure' ?

Oganisational restrucure is usually a byword for reduction of staff, but direct replacement with staff on lowere T and Cs is technically unsound in LRC / Labour Courts.

4. How would an employee know that their dismissal was solely due to  outsourcing (and so is not classed as a redundancy, and is better  protected under law) ?     

If role was direct replacement, no issues with skillsets ... only reasoning was cost ... have a good case in Tribunal.

http://www.citizensinformation.ie/en/employment/enforcement_and_redress/

Check the Free Legal Advice, look for Industrial relations specialist ..

When you have more info, feel free to post , if necessary

http://www.flac.ie


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## redstar (13 Aug 2013)

Thanks Crumdub.

The work, i believe, will be done outside the state.


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## shipibo (16 Aug 2013)

Its a difficult one ... company wants to offshore jobs, what can the state do?

Check what the package is, and criterion for redundancy .... are they cherry picking staff they  don,t like for whatever reason etc ..


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