ARD Times – Review of Employment Issues in Outsourcing in Key European Countries

06/17/2013 12:00 p.m. - 01:15 p.m. PDT

Outsourcing and Outsourcing | Europe

Alistair Maughan

Alistair Maughan


Kay Burgess
44 20 7920 4067

Click here for on demand access of this webinar.

Click here for a copy of the presentation materials.

Employees are often the most valuable resources, and the most significant cost element, affected by an outsourcing project. Clients and service providers go to great lengths to balance the need to deal with employees fairly, ensure continuity of service and preserve valuable know-how. But the treatment of employees is also one of the most heavily regulated areas of outsourcing.

Across the EU, the Acquired Rights Directive is designed to ensure a common standard and approach to employee rights and transfer in various business scenarios, including in outsourcing. But national laws implementing the ARD vary in terms of scope, emphasis and court interpretation. Even though the problems encountered in a pan-European outsourcing may be consistent across geographies, the legal approaches in key countries can be different.

Using scenarios of the commonest HR and employee transfer related issues encountered in practice, this webinar will look at the status of employee transfers in a number of key European countries and the effect that national differences may have on organisations’ approach to successful employee treatment and transfer in European outsourcing projects.

Speakers will examine developments in the UK, France, Scandinavia, Germany, Italy and the Netherlands.

This webinar is designed as an intermediate-level resource for outsourcing executives and lawyers with some prior experience of the ARD and employee transfer scenarios.

Topics Will Include:

  • When does ARD apply?
  • Consultation requirements and differences in procedure
  • Obtaining and sharing employee-related data
  • Dealing with unions and workers’ councils
  • Managing second generation transfers between incumbent and replacement providers


  • Alistair Maughan, Partner, Morrison & Foerster, London (Chair)
  • Ann Bevitt, Partner, Morrison & Foerster, London
  • Marco Consonni, Partner, Orsingher Ortu – Avvocati Associati, Milan
  • Jacob Sand, Partner, Gorrissen Federspiel, Copenhagen
  • Daniel Krannich, Partner, Noerr, Munich
  • Kim Campion, Partner, Courtois Lebel, Paris
  • Soo-ja Schijf, Attorney, Kennedy Van der Laan, Amsterdam

CPD will be available.

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