The Termination Due To Sale Of Business document is essential when a company is being sold or transferred to new ownership in Ireland, and employment relationships need to be formally concluded or transferred. This document is specifically designed to comply with Irish employment law, including TUPE regulations, the Unfair Dismissals Act, and the Protection of Employment Act. It should be used when either terminating employment as part of a business sale or documenting the transfer of employment to the new entity. The document includes crucial information about termination payments, statutory entitlements, treatment of benefits, and ongoing obligations, while addressing the specific context of the business transfer. It provides protection for all parties involved and ensures compliance with legal requirements for both the termination process and business sale consequences.
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1. Parties: Identifies the current employer, the employee, and the purchasing entity involved in the business sale
2. Background: Outlines the context of the business sale and the reason for termination
3. Definitions: Defines key terms used throughout the document, including 'Business Sale', 'Transfer Date', and 'Termination Date'
4. Details of Business Sale: Describes the nature of the business sale and its impact on employment
5. Termination Date: Specifies the effective date of employment termination
6. Final Payment Details: Outlines salary, unused vacation pay, and other entitlements due upon termination
7. Statutory Entitlements: Details any statutory redundancy payments or other legal entitlements
8. Return of Company Property: Lists company properties to be returned and the process for return
9. Confidentiality Obligations: Confirms ongoing confidentiality obligations post-termination
10. Tax Treatment: Explains the tax implications of termination payments
11. Acknowledgment and Release: Employee's acknowledgment of understanding and agreement to terms
12. Governing Law: Confirms Irish law as governing law and jurisdiction
13. Execution: Signature blocks for all parties
1. Transfer of Employment: Used when employment is being transferred to the purchasing entity under TUPE regulations
2. Restrictive Covenants: Include when maintaining post-termination restrictions on employee activities
3. Legal Advice: Add when the employee has been advised to seek independent legal advice
4. Garden Leave: Include if employee will be placed on garden leave during notice period
5. Reference Provision: Add when agreeing to provide employment references
6. Outplacement Support: Include if offering career transition services
7. Share Options/Benefits: Add when addressing treatment of existing employee share options or benefits
8. Consultation Process: Include when documenting the collective consultation process for multiple terminations
1. Schedule 1 - Calculation of Payments: Detailed breakdown of all payments including salary, statutory redundancy, and other entitlements
2. Schedule 2 - Company Property: Comprehensive list of company property to be returned
3. Schedule 3 - Employee Benefits: Details of benefit schemes and their treatment post-termination
4. Appendix A - TUPE Information: Details of employment terms and conditions relevant for TUPE transfer
5. Appendix B - Acknowledgment of Independent Advice: Certificate of independent legal advice if provided
6. Appendix C - Post-termination Restrictions: Detailed terms of any continuing restrictive covenants
Relevant legal definitions
Agreement
Business
Business Sale
Business Transfer
Buyer
Company
Completion Date
Confidential Information
Effective Date
Employee
Employer
Employment
Final Payment
Garden Leave
Group
Irish TUPE Regulations
Notice Period
Parent Company
Parties
Purchase Agreement
Redundancy Payment
Restricted Information
Restrictive Covenants
Sale Agreement
Seller
Statutory Entitlements
Successor Employer
Termination Date
Termination Payment
Transfer Date
TUPE
Undertaking
Working Day
Business
Business Sale
Business Transfer
Buyer
Company
Completion Date
Confidential Information
Effective Date
Employee
Employer
Employment
Final Payment
Garden Leave
Group
Irish TUPE Regulations
Notice Period
Parent Company
Parties
Purchase Agreement
Redundancy Payment
Restricted Information
Restrictive Covenants
Sale Agreement
Seller
Statutory Entitlements
Successor Employer
Termination Date
Termination Payment
Transfer Date
TUPE
Undertaking
Working Day
Clauses
Interpretation
Termination of Employment
Transfer of Employment
Final Payments
Statutory Redundancy
Payment Calculations
Tax Treatment
Employee Benefits
Share Options
Company Property
Confidentiality
Data Protection
Intellectual Property
Post-termination Restrictions
Non-compete
Non-solicitation
Garden Leave
Reference Provision
Continuing Obligations
Legal Compliance
TUPE Provisions
Consultation Process
Employee Warranties
Company Warranties
Release and Waiver
Legal Advice
Entire Agreement
Severability
Governing Law
Jurisdiction
Third Party Rights
Notices
Assignment
Variation
Counterparts
Termination of Employment
Transfer of Employment
Final Payments
Statutory Redundancy
Payment Calculations
Tax Treatment
Employee Benefits
Share Options
Company Property
Confidentiality
Data Protection
Intellectual Property
Post-termination Restrictions
Non-compete
Non-solicitation
Garden Leave
Reference Provision
Continuing Obligations
Legal Compliance
TUPE Provisions
Consultation Process
Employee Warranties
Company Warranties
Release and Waiver
Legal Advice
Entire Agreement
Severability
Governing Law
Jurisdiction
Third Party Rights
Notices
Assignment
Variation
Counterparts
Relevant Industries
Manufacturing
Technology
Retail
Financial Services
Professional Services
Healthcare
Construction
Hospitality
Education
Transportation
Media and Entertainment
Real Estate
Energy
Telecommunications
Relevant Teams
Human Resources
Legal
Executive Leadership
Finance
Operations
Compliance
Risk Management
Corporate Development
Employee Relations
Payroll
Relevant Roles
HR Director
HR Manager
Legal Counsel
Employment Lawyer
Business Owner
CEO
Managing Director
Operations Director
Finance Director
Company Secretary
HR Business Partner
Employee Relations Manager
Compliance Officer
Risk Manager
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