Cavan Industrial Cleaning Services Limited [TU29-TU36/2013]
Decision Number:
Published on: 25/11/2015
Article Authors The main content of this article was provided by the following authors.
Breda O'Malley Partner and Mediator, Hayes Solicitors
Breda O'Malley Partner and Mediator, Hayes Solicitors
Bredo omalley

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 is an accredited mediator with the Centre for Effective Dispute Resolution (CEDR) and she is a Council member with the Irish Commercial Mediation Association. A Partner in a large law firm whose client engaged Breda as a mediator has described Breda as ‘sensational’, gave her top marks and highly recommended Breda to his legal team for future mediations.

Breda qualified with the Timoney Leadership Institute in 2018, follow a six month immersion course on ethical leadership in business. This course was presented by visiting Harvard professors who taught through the case study method on ethical dilemmas which business leader face.

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.

Breda is a prominent adviser in the area of the Transfer Regulations (TUPE), where she has advised employers outsourcing and changing service providers. Her previous legal practice in commercial law work strongly influences her pragmatic business focused approach to the clients she advises.

Breda acts for a broad spectrum of clients from multinational corporations and large public entities to indigenous Irish businesses, charities and private clients on the employer side. She also acts for C-suite executives in PLCs and multinationals.

Breda is praised by clients for ‘digging deep’ on their behalf, and going the extra mile.

Breda regularly gives workshops and seminars to professional and trade associations and client organisations on employment and commercial law issues.

Background

This case concerned the awarding of a cleaning service contract to a new service provider. The employees argued that a transfer had taken place within the meaning of the Regulations as tangible assets including the central vacuum system and the washing machines transferred to the new service provider. However, evidence was adduced regarding the fact that these assets belonged to a third party and were thereby incapable of transfer. In the circumstances, the Tribunal was satisfied that no assets, tangible or intangible, had transferred and that the service undertaking previously entrusted with the service contract did not, on losing the contract, cease to fully exist. The EAT therefore concluded that there had not been a transfer of the business or part of the business to the appellant so the Regulations did not apply.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 25/11/2015
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