131NTransfer and assignment of business

131N Transfer and assignment of business (1) This regulation applies if an employer (the former employer) transfers or assigns the business or a part of the business in which the employee is employed and the employee becomes an employee of the transferee or assignee (the new employer). (2) Subject to subregulation (2A), the former employer must transfer to the new employer all records concerning the employee that, at the date of transfer or assignment, the former employer is required under regulation 131A to keep. (2AA) Strict liability applies to the physical element in subregulation (2) that the records are required to be kept under regulation 131A. (2A) If the former employer is a Commonwealth authority, the former employer must transfer to the new employer a copy of all records concerning the employee that, at the date of transfer or assignment, the former employer is required under regulation 131A to keep. (3) The new employer who receives transferred records must keep the transferred records as if they had been made by the new employer at the time they were made by the former employer. (4) The new employer is not required to make records of anything occurring in the course of an employee’s employment with the former employer.