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.
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