---
title: "Transferring employees schedule for an asset sale: service, leave and redundancy"
url: "https://ailawframework.com/precedents/mergers-and-acquisitions-private-equity/transferring-employees-schedule"
type: "precedent"
site: "AI Law Framework"
id: "a2-transferring-employees-schedule"
area_id: "A2"
kind: "checklist"
ai_level: "yellow"
version: 1
task_ids: ["A2-J20261018-1", "A2-T1-R12"]
law_stated_as_at: "2026-10-22"
---

# 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.

Canonical page: https://ailawframework.com/precedents/mergers-and-acquisitions-private-equity/transferring-employees-schedule  
Law stated as at: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Mergers & Acquisitions / Private Equity](https://ailawframework.com/precedents/mergers-and-acquisitions-private-equity.md)
- Jurisdictions: Australia
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 2 authorities it cites, for Australia.

## 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

- [Build the transferring employee schedule for an asset sale](https://ailawframework.com/practice/mergers-and-acquisitions-private-equity/build-the-transferring-employee-schedule-for-an-asset-sale.md)
- [Prepare the employment due-diligence issues list for the deal](https://ailawframework.com/practice/mergers-and-acquisitions-private-equity/prepare-the-employment-due-diligence-issues-list-for-the-deal.md)

## 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

## Authorities

- [Fair Work Ombudsman, When businesses change owners (transfer of business: employee starts within 3 months, same or nearly the same duties, and a connection between the employers)](https://www.fairwork.gov.au/employment-conditions/when-businesses-change-owners)
- [Fair Work Ombudsman, Employee entitlements on a transfer of business (recognition of service; redundancy, annual leave, long service leave, unfair dismissal and notice)](https://www.fairwork.gov.au/employment-conditions/when-businesses-change-owners/employee-entitlements-on-a-transfer-of-business)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/mergers-and-acquisitions-private-equity/transferring-employees-schedule and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*