Acquired rights for employees
To the extent that a business is transferring from one company to another, the employees in that business will as a general rule have the right to transfer their employment to the new service provider. This right is enshrined in EU law and the relevant EU Directive was implemented in Ireland by the European Communities (Safeguarding of Employees Rights on Transfer of Undertakings) Regulations, 1980 and 2000. The key issues are to determine whether or not a business transfer is taking place and which employees will actually transfer, and it will then be necessary to negotiate appropriate contractual protections for both parties (e.g. in relation to any employment-related claims brought by transferring staff arising before and after the transfer).