Events


Transfer Regulations: A Legal Update with Practical Exercises in a Commercial Framework

Transfer Regulations: A Legal Update with Practical Exercises in a Commercial Framework

Cost:

See Below

Location:

Dublin City Centre

Start Date:

23 May 2012

End Date:

23 May 2012
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Full Day

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 fully understand the law relating to transfers of undertakings. Through Hayes solicitors, Dublin, and Wrigleys Solicitors, Leeds & Sheffield,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.

Description

Why attend this event?
After major sections your understanding will be reinforced by the use of practical group exercises based on real life examples. What do you NEED to know about:

  • The Differences between Irish and UK Law?
  • Obligations to notify and consult?
  • Legally Defined Business Transfers?
  • Who Transfers? What Transfers?
  • Outsourcing / Change of Service Providers?
  • European Court Case Law on the Acquired Rights Directive?
  • Miscellaneous Provisions, such as varying terms of employment, waivers, litigation and insolvency.

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 work through group exercises and discuss practical situations with peers and renowned experts.
  • You will have an opportunity to quiz the experts during the seminar and network during the buffet lunch. Bring your business cards!
  • Also, we provide you with our Transfer Regulations checklist for HR Professionals.
Programme: Morning Sessions
9.20amIntroduction
How the mix of presentations, exercises and Q&A will work throughout the day
9.30am

Common Terms and Definitions in Transfers
An overview of:

  • The Acquired Rights Directive and the Irish Transfer Regulations,
  • Common terminology and definitions
  • Obligations to notify and consult

Speaker: Breda O'Malley, Partner, Commercial Department, Hayes Solicitors.

10.15am

Is there a Business Transfer?
The Regulations apply only to relevant business transfers. We cover:

  • Relevant considerations
  • Case law examined
  • Indemnity provisions

Speaker:Dr John McMullen, Director of Employment Law, Wrigleys Solicitors LLP & Author of Business Transfers and Employee Rights.

11.00amBreak and Networking
11.30amQ&A
11.45am

Who Transfers? What Transfers? What if…?

  • Who transfers?
  • What about agency workers?
  • Precisely what obligations and liabilities transfer?
  • What about equal pay issues?
  • What if workers object to the transfer?
  • What qualifies as economic, technical and organisational (ETO) reasons?

Speaker: Breda O'Malley

12.30pm

Outsourcing / Change of Service Providers – Is there a Business Transfer?
Contracting out services to external providers may seem like an obvious way to save money and reduce employee problems but it can be fraught with difficulties for employers and contractors alike. Importantly for those with cross-border interests, the law is very different between the UK and Ireland. We consider the legislation and case law in both jurisdictions.

Speaker: Dr John McMullen

1.00pmLunch and Networking

 

Programme: Afternoon Sessions
2.00pmExercise:
Working in groups, reinforce your learning from the morning sessions by analysing our seemingly simple, yet deceptively complex, exercise. Followed by discussion led by Dr John McMullen.
2.30pm

Ireland v UK Law: A Practical Guide to the Differences
People often wrongly assume that UK case law and its domestic TUPE regulations will apply in Ireland. However, there are key differences (amongst the many similarities) between the jurisdictions that you need to be aware of. We outline the practical implications for employers. Also, might the UK case of Parkwood Leisure Ltd v Alemo Herron (referred to the Court of Justice of the EU) lead to transferee employers in Ireland inheriting collective agreements and future variations to terms?

Speaker: Dr John McMullen

3.00pmBreak and Networking
3.15pm

Miscellaneous Provisions
– What else do you need to know? This session focuses on a number of case law developments not covered so far, as well as practical lessons concerning the unusual and less well-known aspects of Transfers, such as:

  • Variation of Terms and Conditions of employment
  • Waiver of rights – valid or invalid?
  • Litigation - when and how to challenge under the Transfer regulations
  • Insolvency implications
  • Our Transfer Regulations checklist for HR professionals

Speaker: Breda O’Malley

4pmExercise:
Working in groups, answer our five True/False questions on Transfers and Mergers.
Followed by discussion led by Breda O’Malley.
4.15pmFinal Q&A
4.30pmClose


Who should attend?
Commercial, Operations, Finance and Human Resource Managers will benefit greatly from attending this practical, commercial and legal update. This seminar/workshop 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 of pitfalls that surround this complex legislation.

Duration ~ Date ~ Location
Full Day Seminar/Workshop: 9.20am-4.30pm
Wednesday 23rd May 2012
Radisson Blu Royal Hotel, Golden Lane, Dublin

Cost
Standard Rate: €550
Charity/SME Rate: €445

Save an additional €20 if you book and pay online.

How to Book
Book & Pay Online: Each event page has a link to the booking form at the top. Just fill in the form and click 'Continue'. You can pay by credit card and your details will be sent to us. Confirmation of your booking will be sent to you by email.

Reserve Online & Pay by Invoice: Alternatively, if you require an invoice before paying you can reserve a place online.

For all multiple credit card bookings please telephone Legal-Island on 01 401 3874

Speakers
Presentations and exercises will be run by the employment team at Hayes Solicitors, led by Breda O'Malley, Partner and Mediator in Employment and Commercial Law, with close to two decades experience in Transfer Regulations issues, together with renowned TUPE expert Dr John McMullen of Wrigleys Solicitors LLP, author of Business Transfers and Employee Rights, the leading work on transfers along with his new book, Redundancy: Law and Practice. Business Transfers and Employee Rights is cited frequently in the courts and tribunals in Britain and Ireland.

NOTE: Important information about our speakers
Dr John McMullen is team leader on a European Commission study on transfers of undertakings and insolvency, which is being undertaken by a major European consortium in 2012. Breda O'Malley's firm, Hayes, will be a country rapporteur for Ireland in this exercise.

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