Can a contract be transferred to a new company?
The obligations, or burden, under the contract will not transfer and will remain with the existing company. This is often dealt with in one of two ways: the existing company could subcontract performance to Newco.
Can a company change the terms of a transfer?
Employers can make changes if the employee’s existing contract allows for those changes. But the transfer itself can’t be the reason for change. Employers can improve employees’ terms and conditions if they agree. For example, they might want to increase the amount of holiday so that it’s the same for everyone.
What should be included in a transfer of employment contract?
The employer who is transferring you to a new employer (called the ‘transferring employer’) must provide your new employer with information about the transferring employees, including: identity age details contained in their ‘statement of employment particulars’ any collective agreements which apply to them
Can a collective agreement be renegotiated after a transfer?
Collective agreements. Collective agreements in place before the date of the transfer will apply. Collective agreements from the date of transfer won’t apply if the new employer hasn’t taken part in the process. Employers can renegotiate terms and conditions in collective agreements after 1 year if the change isn’t less favourable to the employee.
The obligations, or burden, under the contract will not transfer and will remain with the existing company. This is often dealt with in one of two ways: the existing company could subcontract performance to Newco.
Employers can make changes if the employee’s existing contract allows for those changes. But the transfer itself can’t be the reason for change. Employers can improve employees’ terms and conditions if they agree. For example, they might want to increase the amount of holiday so that it’s the same for everyone.
The employer who is transferring you to a new employer (called the ‘transferring employer’) must provide your new employer with information about the transferring employees, including: identity age details contained in their ‘statement of employment particulars’ any collective agreements which apply to them
Collective agreements. Collective agreements in place before the date of the transfer will apply. Collective agreements from the date of transfer won’t apply if the new employer hasn’t taken part in the process. Employers can renegotiate terms and conditions in collective agreements after 1 year if the change isn’t less favourable to the employee.