Jennifer O’Neill is a Consultant in the Byrne Wallace Shields LLP Employment Law Team.
Jennifer is an experienced employment law practitioner with considerable expertise advising clients on general employment law compliance issues. Jennifer provides both domestic and international clients with ongoing employment law support to include drafting and reviewing contracts and policies, advising on arrangements with independent contractors, advising on working time, leave arrangements, terminations, disciplinary and grievance procedures, compromise agreements and redundancies.
In particular, Jennifer’s experience includes advising and assisting with employment issues arising on the acquisition or sale of a business or corporate entity. This includes conducting due diligence reviews and risk analysis exercises and negotiating warranty and indemnity protection in asset and share purchase agreements. Jennifer regularly advises clients on the implications of the transfer of undertakings regulations, whether on the outsourcing of services or the lease or sale of a business and assists employers with the related consultation and employee benefit issues.
The Labour Court recently held that a “transfer of an undertaking” had taken place in a scenario where there was no transfer of assets - but where the same core assets continued to be used after the transfer.
The Transfer of Undertakings Regulations ⚓︎
Under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, when there is a business transfer to which the Regulations apply, then the employees automatically transfer with the business to the new operator of the business. The employees transfer with their existing terms and conditions of employment safeguarded and their continuity of service intact.
What Constitutes a Business Transfer? ⚓︎
A business transfer may occur in many situations such as
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