Essential points

  • The law relating to transfers of undertakings comes from European law and is designed to safeguard employees’ rights when businesses (or parts of businesses) are taken over. 
  • The Regulations apply to any legal transfer or merger of any undertaking, business, or part of an undertaking or business from one employer to another. 
  • It is essential to establish if there has been a change of employer: this is a fundamental pre-requisite to the application of the Regulations. 

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