101Definitions

#### 101 Definitions 101 Definitions > > (1) In this Part— > > > > transfer of business means the transfer, transmission, conveyance, assignment or succession, whether by agreement or by operation of law, of the whole or any part of a business, undertaking or establishment. > > > > transferred employee means a person who becomes an employee of an employer (the new employer) as a result of the transfer of business to that employer from another employer (the former employer). > > > (2) A person is to be regarded as a transferred employee even if the person’s employment with the former employer is terminated before the transfer of business, so long as— > > > > > (a) the person is employed by the new employer after the transfer of business, and > > > > > (b) the circumstances of that termination and employment indicate an intention to avoid the operation of this Part. > > > > In that case, the termination of employment of such a transferred employee is to be disregarded for the purposes of this Part. > > **s 101:** Am 1997 No 26, Sch 1.2.