The process starts with informing and consulting the employees as well as providing full employee liability information to the incoming employer. This should include details of the existing employment contracts, potential claims against the employer, grievances and previous legal and disciplinary actions.
Employees should be notified that the transfer is happening, including when, why and how it will affect them. They also need to be told if any reorganisation is planned and if any agency workers are being used.
The employer will take over all of the existing employment contracts. If the employee refuses to work for the new employer, this is generally seen as a resignation, and they would not usually be able to bring a claim for unfair dismissal or redundancy.