ABSTRACT

Prior to 1981, a receiver was able to sell the business as a going concern divested of any accrued liability to its employees. The employees would be made redundant by the insolvency practitioner prior to the transfer of the business and the transferee would offer employment to such of the workforce as were wanted under new contracts. The employees would be paid redundancy payments whether or not they were going to be re-engaged and those who were re-employed would begin their employment with the transferee without any accrued rights.