| Quick Links | Kent SolicitorsLatest legal news from Kent Solicitors, Kaslers Solicitors LLP.Wednesday, 21 November 2007Employment transfer
When a business is sold, the employees transfer across to the buyer. Their contract of employment remains with the same terms. Clearly, where the buyer already has a workforce with different terms, there are problems of assimilation
In a recent case, the seller of the business had a retirement age for its employees of 60. The buyer had a retirement age of 65. Until this case, it was thought that the situation had to remain and any attempt to vary it would be void. This case held that the variation was not void and the employee could choose between enforcing the transferred acquired right or the newly-obtained right. Labels: Transfer Undertakings Protection Employment Regulations 1981 # posted by michael @ 08:32
Comments:
From my experience I would say that, large employers anyway, generally assimilate contracts at the most favorable terms to all employees. If that is not possible then they would look to pay generous compensation to get employees to agree to the loss of benefits. As I say this is only my experience with the companies I have worked for.
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The LLP Members are Michael D Breeze LL.B (Hons) (SRA reg no 110184) and Simon McCree Scott LL.B (Hons) (SRA reg no 298202).