Kent Solicitors

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