Business Transfer Regulations - Case Law Update 2023

Business Transfer Regulations - Case Law Update 2023

The European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (‘the Transfer Regulations’) protects employees’ rights and interests, where there is a business transferring from one employer to another.  The case law in this area is very confusing and at times inconsistent.

In this half-day update, Breda O’Malley, Partner, and Niamh Cassidy, Associate at Hayes Solicitors, both specialising in employment law, with a particular focus on the Transfer Regulations,take us through case law developments in Ireland and the Court of Justice of the EU, as it applies to Ireland, in the last few years.

While these cases often enhance our understanding of this complex area of law, it is generally accepted that they also sometimes further complicate our understanding and make practical application of the Transfer Regulations challenging. Breda and Niamh will unpack this caselaw to clarify your understanding.

We will also bring you an employer’s perspective of the practical challenges for HR specialists when applying the Transfer Regulations.

Who is this event for?;

This half-day update is forprofessionals 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. Ideally, those attending would already have a basic understanding of the Transfer Regulations and would benefit from strengthening their knowledge.

What are the learning outcomes?

  • You will receive a comprehensive update on case law from Ireland and the Court of Justice of the EU
  • You will have the opportunity to hear about the practical application of the Transfer Regulations from legal and HR specialists
  • You can participate in discussion with the presenters and other delegates to clarify your understanding, and extend your knowledge
  • You can ask questions relevant to your organisation, as it relates to the case law discussed
  • You will receive comprehensive slide deck from recognised experts in this field.

When and where is this event?

9:15am - 1:30pm on Tuesday 7th March 2023 via the online platform Hopin.


Standard Rate: €295
Early Bird Offer: €245 (deadline is 5pm on Friday 17th Feb )

Save an additional €20 if you pay with a card when booking






Introduction and Welcome from Legal Island


Brief Overview of the Transfer Regulations

To help put the case law update in context we start off with a brief overview of the Regulations and the customary definitions and key concepts involved in a transfer situation. This includes:

  • When TUPE applies
  • Who/what is protected
  • Information and Consultation requirements
  • ETO dismissals



Screen Break


Case Law Update – Ireland

In this session Niamh Cassidy from Hayes discusses cases from the WRC and the Labour Court in which TUPE issues arose, for example:

  1. In the matter of s. 46 of the Workplace Relations Act 2015 between the Minister for Employment Affairs and Social Protection -v- The Labour Court and Mary Dunne (High Court) [2019] IEHC 634 – definition of economic activity
  2.  Kenmare Brewhouse Ltd T/A McCarthy’s Bar and Restaurant v Ms Ciara O’Leary – impact of temporary closure of business on compensation for breach of TUPE regulations
  3. Cork County Council v Clive Jones [2022] - no transfer of tangible assets
  4. Bidvest Noonan (ROI) Ltd v Martina Lynch – no economic entity existed in situation where agency workers provided
  5. Noel Farrell v Bidvest Noonan (ROI) Ltd (WRC)[ADJ-00026709] 2023 – terms and conditions of employment; variation clause in contract
  6. An Employer v a Worker (Labour Court) [LCR22335] - liability for loss of earnings prior to a transfer
  7. Christopher Carroll v Mary Campbell (Labour Court) [TUD224] 2022 – labour-intensive v asset reliant businesses
  8. Comerford v Wedding List Solutions Limited [2022] WRC - Transfer of undertakings, voluntary liquidation and redundancy.


Coffee Break and Networking


Case Law Update – EU

Breda O’Malley, Partner, Hayes Solicitors discusses recent EU decisions arising which have provided clarity on:

  1. Case C-472/16 – Jorge Luis Colino Siguenza v Ayuntamiento de Valladolid - Cessation of activities and dismissal for economic, technical or organisational reasons entailing changes in the workforce
  2. Case C-194/18 - Jadran Dodič v Banka Koper, Alta Invest - Components of a transfer
  3. Case C-509/17 – Christa Plessers v Prefaco NV and Belgische Staat - National legislation authorising the transferee, after the transfer, to choose which employees to keep on
  4. Case C-664/17 – Ellinika Nafpigeia AE v Panagiotis Anagnostopoulos & Others - Transfer of part of the economic activity of a parent company to a newly created subsidiary
  5. Case C-317/18 – Cátia Correia Moreira v Município de Portimão – protection of workers under ARD
  6. Case C–298/18 – Grafe & Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH - Transfer of asset-based service activities
  7. Case C-344/18 – ISS Facility Services NV v Sonia Govaerts, Euroclean NV- Impact of multiple transferees on the contract of employment
  8. Case C-550/19 – EV v Obras y Servicios Públicos SA - Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships


Questions and Answers


Case Study – An Employers Perspective

In this final session we will take you through TUPE from an Employer’s perspective.  Our speaker Peter Spencer from DHL Supply Chain highlights the key lessons he has learned as a HR Professional in navigating a TUPE transfer.


Final Q&A and close of event



  • Breda O'Malley
    Breda O'Malley Partner, Employment and Commercial Law Departments
    Hayes Solicitors

    Breda practises in Employment law and leads the Employment Law team at Hayes solicitors. She advises both employers and employees on all aspects of the employment relationship. Breda adopts a commercially pragmatic approach to dispute issues, avoiding litigation for her clients, where appropriate, and using her skills as an accredited commercial mediator.

  • Niamh Cassidy
    Niamh Cassidy Associate Solicitor
    Hayes solicitors LLP

    Niamh is an Associate in the Employment Law team at Hayes solicitors LLP. She advises domestic and international clients on the full life cycle of an employment relationship.

    Niamh provides clear and practical advice to employer clients on the application of the Transfer Regulations in a wide variety of sectors spanning IT, retail, pharmaceutical, logistics, insurance, financial services and entertainment sectors.

    Niamh has significant experience in commercial transactions including managing and advising on the employment related aspects of large interdepartmental projects including investments, business transfers, outsourcing and service changing arrangements.

  • Peter Spencer
    Peter Spencer Senior HR Practitioner
    DHL Supply Chain

    Peter is a senior HR practitioner at DHL Supply Chain Ireland, business partnering senior leaders on industrial relations matters and strategic employee relations.

Event details


Half day; 7th March 2023


07 March 2023


Online - Hopin


Standard Rate: €295

Save an additional €20 if you pay with a card when booking