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.

Price...

Standard Rate: €295
Early Bird Offer: €245 (deadline is 5pm on Friday 10th Feb )

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

Programme

 

Time

Session

9.15

Introduction and Welcome from Legal Island

9.30

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

 

10.10

Screen Break

10.20

Case Law Update – EU

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

  1. Who is an employee for the purposes of the Acquired Rights Directive - Luís Manuel Piscarreta Ricardo v Portimão Urbis, and Cátia Correia Moreira v Município de Portimão
  2. Identify of the Employer - AFMB Ltd v Raad van bestuur van de Sociale v AFMB Ltd v Raad van bestuur van de Sociale verzekeringsbank
  3. Components of a transfer - Jadran Dodič v Banka Koper, Alta Invest
  4. Transfer of asset-based service activities - Grafe and Pohle v Südbrandenburger Nahverkehrs GmbH, OSL Bus GmbH
  5. Impact of multiple transferees on the contract of employment - ISS Facility Services NV v Sonia Govaerts, Euroclean NV
  6. Cessation of activities and dismissal for economic, technical or organisational reasons entailing changes in the workforce - Colino Siguenza v  Ayuntamiento de Valladolid and Others
  7. National legislation authorising the transferee, after the transfer, to choose which employees to keep on - Christa Plessers  v Prefaco NV
  8. Measures to prevent abuse arising from the use of successive fixed-term employment contracts or relationships - EV v Obras y Servicios Públicos SA
  9. Transfer of part of the economic activity of a parent company to a newly created

Subsidiary - Ellinika Nafpigeia AE v Panagiotis Anagnostopoulos and Others

 

 

11.00

Coffee Break and Networking

11.30

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. 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
  2. Natasha Comerford v Wedding List Solutions Limited [2002] – transfer of enhanced redundancy payments
  3. Conor MC Laughlin MC Morrow & Mc Laughlin Solicitors v Ms Ciara Monaghan [2021] – unilateral changes to contract following transfer
  4. An Employer v A Worker [2021] – liability for loss of earnings prior to a transfer
  5. Bidvest Noonan (ROI) Ltd v Martina Lynch – no economic entity existed in situation where agency workers provided
  6. Cork County Council v Clive Jones [2022] - no transfer of tangible assets.
  7. Christopher Carroll v Young [2022] - business transfer as a going entity from one employer to another employer.
  8. Comerford v Wedding List Solutions Limited [2022] WRC - Transfer of undertakings, voluntary liquidation and redundancy.
  9. Accent Solutions v O’Connor [2022] - Less favourable terms and conditions of employment?
  10. Karolina  Warszewska v Luxury Reservations Ltd T/A Marriott International [2022] - Regulation 4 - rights and obligations after a transfer.

12.20

Questions and Answers

12.40

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.

13.10

Final Q&A and close of event

Testimonials

Presenters


  • 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.

Early Bird Offer

Save up to €50

Event details

Duration

Half day; 7th March 2023

Date

07 March 2023

Location

Online - Hopin

Price

Standard Rate: €295
Early Bird Offer: €245 (deadline is 5pm on Friday 10th Feb )

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