Checklist · Mergers & Acquisitions / Private Equity

Transferring employees schedule for an asset sale: service, leave and redundancy

A schedule of employees who may move with a business on an asset sale, and the choices about recognising prior service for redundancy, leave, unfair dismissal and notice.

Kind
Checklist. Steps or checks to work through and tick off.
Where it applies
Australia
AI use
Yellow You and the tool draft together, with you directing. You check every statement you rely on.
Law stated as at
22 October 2026
Status
Maintained. Checked on 22 October 2026 against the 2 authorities it cites, for Australia.
Version
1
Source
Written for this library

When to use it

Use when a buyer is acquiring assets of a business and some employees may start with the buyer within three months, doing the same or nearly the same work. A share sale does not, by itself, change the employer.

Used for these tasks

Each task page says how far AI may help with the task and what the lawyer must review.

How AI may be used

AI may build the employee schedule from payroll and the sale agreement and list the service choices; the lawyer decides which service is recognised and what each employee is told, before anything is sent.

AI may

  • Build the employee table from the payroll export and the sale agreement's employee clause
  • Flag, from the Fair Work Ombudsman's description, which entitlements the new employer must recognise and which it may choose not to
  • List the written notice the new employer must give if prior service will not count for unfair dismissal

AI must not

  • Must not decide that there is a transfer of business, or that the employers are associated entities
  • Must not tell an employee their job has ended, or draft the termination or offer letter that goes to them, unless the lawyer has settled it
  • Must not calculate a redundancy or leave payout as the figure that will be paid

The lawyer checks

  • Each of the three transfer-of-business elements is met, and the connection (asset sale, associated entities, or outsourcing) is identified
  • The new employer's choice on redundancy and annual leave is recorded, and the old employer's payout obligation follows that choice
  • Any decision not to recognise service for unfair dismissal is in writing and given before the new employment starts
  • The employee is not treated as losing redundancy pay merely because they rejected an offer, unless the offer meets the conditions the Fair Work Ombudsman states

Method: how the Green, Yellow and Red levels are decided. This is guidance for planning, not legal advice.

Authorities

Read the full text

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