Transfer of Undertakings

The Protection of Employees on Transfer of Undertakings Regulations are designed to safeguard employees’ rights in the event of a transfer of a business, and to establish the responsibilities of both the previous and new owners of the business. Such a transfer can apply in a merger and acquisition situation, the contracting out of a business or the loss of a contract to another supplier.

 

It is important first to establish whether a transfer of undertakings applies in each situation.

 

Where it does, the employees of a business being transferred move to the new employer with their accrued years of service, existing terms and conditions of employment (excluding occupational pensions) and collective agreements to which they may already be subject.

 

Under the Transfer of Undertaking Regulations, both the original employer and the new employer must inform the representatives of the employees affected by the transfer not later than 30 days before the transfer.

 

Our team will help you to meet the obligations of the Transfer of Undertakings legislation and assist you with the consultation process to ensure a smooth transfer and that you meet your legal obligations. Please contact us for more information.

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