Events


Transfer Regulations - A Legal Update in a Commercial Framework

Transfer Regulations - A Legal Update in a Commercial Framework

Cost:

See Below

Location:

Dublin City Centre

Start Date:

20 October 2010

End Date:

20 October 2010

Event Email Reminder

Half Day

This seminar brings together two of the most transfer-experienced solicitors in Ireland, Breda O’Malley and David Phelan, both of whom are Partners in the Commercial Department of Hayes Solicitors, with the ‘guru of TUPE’, Professor John McMullen, a Partner in the UK law firm Short Richardson & Forth LLP and Visiting Professor of Law at Durham University, UK. John McMullen is the UK ‘Mr TUPE’ – he literally wrote the book on the subject!

Description

Why this event?
Difficult times bring opportunities as well as threats. However, when it comes to takeovers or outsourcing services, these opportunities can threaten your organisation's existence unless you understand the law relating to transfers of undertakings. Through Hayes and Short Richardson & Forth LLP, we enable you to understand your rights and responsibilities from a commercial perspective. By reference to relevant case law from throughout the EU and a focus on the local economy our experts seek to demystify this difficult area of law for employers throughout Ireland.

What will I get out of it - what are the learning outcomes?
You will receive advice and comprehensive notes from recognised experts in this field.   You will understand the main elements and how to avoid the traps involved in transfers.   You will have an opportunity to quiz the experts during the seminar and network during the buffet lunch that
follows. Bring your business cards!

Event programme:

TimeSession
8.30amRegistration
9am

Brief overview of the Transfer Regulations:

By David Phelan, Partner, Commercial Department, Hayes solicitors

·            Notification / Consultation process

·            Election of representatives

·            Transferor’s obligations to notify Transferee of staff terms and conditions

·            Claims process / remedies

·            Injunction risk

9.45am

Is there a Business Transfer?

Prof John McMullen, Partner, Short Richardson & Forth LLP & Author of Business Transfers and Employee Rights

·            Relevant considerations

·            Case law examined

·            Indemnity provisions

10.45amCoffee Break
11amQuestions and Answers
11.10am

Who Transfers? What Transfers? What if…?

By Breda O'Malley, Partner, Commercial Department, Hayes solicitors

·            Who transfers? What about agency workers?

·            Precisely what obligations and liabilities transfer

·            What if workers object to transfer

·            Waiver of rights – validity

·            What qualifies as economic, technical and organisational reasons.

12.15pm

Outsourcing / Change of Service Providers – Is there a Business Transfer?

Prof John McMullen, Partner, Short Richardson & Forth LLP & Author of Business Transfers and Employee Rights

12.45pmQuestions and Answers
1pmClose

 

Who should attend?

Commercial, Operations, Finance and Human Resource Managers will benefit greatly from attending this practical, commercial and legal update. This seminar is for anyone who might be involved in transferring an organisation or service, or part of an organisation or service, from one employer to another and who would like to avoid the myriad pitfalls that surround this complex legislation.

Duration ~ Date ~ Location

Half Day: 9am - 1pm

20 October 2010

Westbury Hotel, Dublin

Cost

Full Rate: Standard: €225 ~ Charity: €180

All organisations with fewer than 50 employees or registered charities (registered at the time of booking) qualify for the Charity Rate. The number of employees includes all branches, subsidiary/parent companies, boards, trusts and federated organisations.

Save €30 if you book and pay online.

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Reserve Online - Alternatively, if you require an invoice before paying you can reserve a place online. To reserve a place online click here.

About the Speakers:

David Phelan - Hayes Solicitors

David is a Partner in Hayes solicitors and Head of the Commercial and Business Law Team. He advises clients on a wide range of commercial and employment law issues.

David is a member of the Business Law Committee of the Dublin Solicitors Bar Association, tutors in commercial law with the Law Society of Ireland, is a registered trade mark agent and is a founding committee member of the Health & Safety Lawyers Association of Ireland. David is also a member of the Business Opportunities Task Force of the Dublin Chamber of Commerce.

Breda O'Malley - Hayes Solicitors

Breda is a Partner and practices in Hayes solicitors commercial and employment law departments. Breda is also an accredited mediator (C.E.D.R.).

She has particular expertise in employment law, advising both employers and employees on all aspects of the employment relationship. Breda is recognised as a specialist on the Transfer Regulations amongst our many business clients. She advises on the Transfer Regulations in many contexts, including advisory, dispute issues, transactions and outsourcing arrangements.

Breda proactively works to resolve employment disputes in a conciliatory manner where feasible.

John McMullen - Short Richardson & Forth LLP

John is a Partner in the UK law firm Short Richardson & Forth LLP and Professor of Labour Law at the University of Leeds. He has over 25 years of experience in employment law and is noted as being both a strategic thinker and leader in his field as well as being a practical hands-on lawyer. By peer acclaim he is one of the leading lawyers in the UK with national and international reputation. Legal 500 has described John as “one of the country’s highest profile employment lawyers” and Chambers & Partners Guide to the Legal Profession stated that John “inspires tremendous confidence”.

John is regarded as the leading expert in the UK on Transfer of Undertakings and he also has an international reputation in that field. He is the author of Business Transfers and Employee Rights, the leading work on transfers which also contains a chapter on transfer law and practice in Ireland. As well as being a writer and commentator on Mergers and Acquisitions and out-sourcing he advises the public and private sectors on the subject of staff transfers. This includes wide experience in mergers and acquisitions, out-sourcing, franchising and complex re-structuring.

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