In this two-part edition of our Spotlight series, we welcome Lee Harding to discuss key labor and employment law issues in relation to outsourcing transactions, predominantly in the United Kingdom and European Union.
A partner in Morgan Lewis’s labor and employment practice, Lee helps clients successfully anticipate, respond to, and navigate personnel challenges. He supports clients on complex, often groundbreaking integration exercises and outsourcing transactions, working seamlessly with local counsel on any cross-border issues. Lee has a particular focus on the crossover between employment law and regulatory issues, especially in the insurance and financial services sectors.
Lee, we are excited to welcome you to our Tech & Sourcing blog! Let’s jump straight in. Labor and employment issues can be key to an outsourcing transaction; in particular, where the services are being carried out by employees who are based in countries that have automatic employee transfer provisions. Can you tell us what the main labor and employment considerations are in relation to outsourcing arrangements?
There are myriad different labor and employment law considerations to take into account in global outsourcing arrangements.
As you rightly identify, the legal considerations are the starting point. For many countries, the application of the automatic transfer principle will not be clear cut and will be heavily fact dependent. Even in those countries where employees do not transfer with...
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