| Commentary

235.1 General rules

| Commentary

235 Effect of a relevant transfer on contracts of employment

235.1 General rules

When a relevant transfer takes place, the transferee (that is the new employer) will take over the contracts of employment of all employees who were employed in the ‘organised grouping of resources or employees’ immediately before the transfer1, or who would have been so employed if they had not been unfairly dismissed by reason of the transfer2. Consequently, the transferee employer cannot pick and choose which employees to take on. It follows that the transferee cannot terminate contracts and dismiss employees just because the transfer has occurred.

The rights

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