Transfers not covered by the Regulations

The Regulations do not apply to the following:

• transfers by share take-over because, when a company's shares are sold to new shareholders, there is no transfer of the business - the same company continues to be the employer;
• transfers of assets only (for example, the sale of equipment alone would not be covered, but the sale of a going concern including equipment would be covered);
• transfers of a contract to provide goods or services where this does not involve the transfer of a business or part of a business;
• transfers of undertakings situated outside the United Kingdom.

Those provisions of the Regulations which relate to dismissal of employees because of the transfer, the duty to inform and consult representatives and the failure to inform and consult them as required, do not apply to employees who, under their contracts of employment, normally work outside the United Kingdom.