Dr. Brenda Daly
Dr Brenda Daly is an Associate Professor of Law in the School of Law and Government, Dublin City University, where she researches and lectures on Employment Law, European Employment Law, Law and Dispute Resolution (arbitration and mediation), and Healthcare Law. Brenda is a co-author of the Principles of Irish Employment Law (Dublin: Clarus Press, 2010). Dr Daly is a former Irish Research Council funding awardee. Brenda has contributed articles on employment law matters to RTÉ Brainstorm https://www.rte.ie/author/1258518-brenda-daly/ and The Conversation https://theconversation.com/profiles/brenda-daly-1489947/articles.
Brenda has delivered workshops on a consultancy basis for the Fáilte Ireland “Leading Edge Management and Business Skills – A Legislative Update” training and skills programme for managers working in the hotel and tourism industry; and as part of the Irish Rail – Building a Resilient Organisation Pilot Programme on “The principal legislation on safety and health at work, in particular the Safety, Health & Welfare at Work Act, 2005”.
Dr Brenda Daly is the European Association of Health Law (EAHL) National Contact for Ireland and is currently a member of the EAHL Advisory Board. She is also a member of the EAHL Interest Group on Supranational Biolaw and the Northern/Ireland Health Law and Ethics Network. Brenda has previously served as the Irish Chairperson of the National Mediation Chapter of the European Court of Arbitration.
Practice Area
Panel
- Contributing Author
Membership
- European Association of Health Law
Qualifications
- PhD
- MA
- BA (Hons)
Education
- Ulster University
3 Contributions by Brenda Daly
PRACTICE NOTES
Ireland TUPE Regulations 2003: scope, automatic transfer of contracts, collective agreements, pensions, objection rights, unfair/constructive dismissal, and WRC/Labour Court procedures
This Practice Note considers the transfer of employees under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (SI No 131/2003 (IRL)) (TUPE Regulations 2003 (IRL)), as revised by the Workplace Relations Act 2015 (Ireland). The TUPE Regulations 2003 (IRL) give domestic effect to Council Directive 2001/23/EC of 12 March 2001, which harmonises Member States’ laws concerning the protection of employees’ rights when undertakings, businesses, or parts of undertakings or businesses are transferred (Council Directive 2001/23/EC).
Definition of employees
To obtain statutory protection in connection with a transfer of an undertaking, individuals must be regarded as employees. Council Directive 2001/23/EC does not provide a definition of an employee. Rather, it specifies that ‘(d) “employee” shall mean any person who, in the Member State concerned, is protected as an employee under national employment law’. SI No 131/2003 (IRL), reg 2(1) defines an ‘employee’ as: ‘… a person of any age, who has entered into or works under (or, where the employment has ceased, entered into or worked under) a contract of employment and references, in relation to an employer, to an employee’...
Ireland - Employment
CHECKLISTS
Ireland-TUPE (SI 131/2003): Practitioner checklist covering information/consultation, election of representatives, due diligence, pensions, termination and redundancy
This Checklist sets out an overview of the principal legal and practical matters that may call for attention during a transfer of undertakings carried out under SI No 131/2003 European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 (Ireland) (SI 131/2003 (IRL) (TUPE Regulations 2003 (IRL)), as amended by the Workplace Relations Act 2015 (Ireland) (WRA 2015 (IRL)).
Information and consultation
Both the transferor and the transferee alike bear statutory duties in relation to information and consultation before, during, and after the transfer process. The scope of those statutory responsibilities is ultimately fixed by reference to the date of transfer. Up to the transfer date, the transferor remains liable for all statutory obligations concerning information and consultation on the transfer process and the potential impact on employees’ rights linked to their contract of employment. See further Practice Note: Ireland-TUPE-Information and consultation for further details.
From the date of transfer onwards, the transferee is liable for any statutory obligations relating to information and consultation in this regard. Before the date of transfer, the transferor is responsible for supplying employees, and the relevant employees’ representative, with information about the transfer. If there is a recognised trade union in place, the transferor must engage...
Ireland - Employment
CHECKLISTS
Ireland-Workplace Relations Commission claims and equal status complaints: time limits and appeal deadlines-practitioner checklist
This Checklist sets out the principal time limits practitioners should note when lodging claims with the Workplace Relations Commission (WRC). For fuller guidance on filing a WRC complaint, see Practice Note: Ireland-Making a complaint to the Workplace Relations Commission (WRC)...
Employment related claims
Complaints arising under the Employment Equality Acts 1998–2015 (Ireland) (EEA 1998 (IRL)) or the Pensions Acts 1990–2015 (Ireland) (PA 1990 (IRL)) must be made by completing the online complaints form available on the WRC website. See the WRC website for further information on employment related claims...
Type of claim: Employment related claims
Time limit: Six months from the date of the alleged discrimination; where multiple alleged incidents occur, the relevant date is that of the most recent incident...
Ireland - Employment
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