| This does not apply to transfers which go merely through the sale of a company's shares a "share sale" | Citation, commencement and extent 2 |
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| S Deakin and G Morris, Labour Law Hart 2012 ch 5 | The new company that takes over the work may employ the same cleaners |
Variations of contract where transferors are subject to relevant insolvency proceedings 10.
| Effect of relevant transfer on collective agreements 6 | Also, a transferee could end up in a situation where he is obliged to take over an employee, for example an HR Director, whereas the transferee already has an HR Director and has no need nor funds for another one |
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| This can create the situation where "transferring" employee may be on enhanced terms compared with an employee already employed by the new company | The normal rule is that even consensual agreements are void |
Also, the Tapere case ruled on the interpretation of mobility clauses, and where a relevant transfer involves a substantial change in working conditions which is to the employee's material detriment, held that "detriment" should be considered using the subjective approach which applies in discrimination law.
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