Employment Law in Business Transactions: Sealing the Deal (Paper)

Materials comprised of a Paper and PowerPoint Handout. 

Presenters

June Hardacre Partner, MinterEllisonRuddWatts
Hamish Rossie Senior Solicitor, MinterEllisonRuddWatts

Synopsis

When a business changes hands, employment law issues can be as critical as the financial and operational aspects of the transaction.
This paper will explore essential employment law considerations in business sales and purchases, including asset sales versus share sales, managing good faith obligations, and practical insights to help you navigate these complex transactions effectively, ensuring compliance with employment laws and minimising potential risks.

These Materials will help you

• Gain an improved understanding of best practices for managing employment law issues in business sales and purchases.
• Get to grips with the impact that the nature of the transaction (asset sale or share sale) can have on the process to be followed and on employee entitlements / liabilities.
• Learn about the essential steps for conducting thorough due diligence, including what to watch out for when reviewing employment agreements, identifying potential liabilities, managing warranties and indemnities insurance and ensuring legal compliance.
• Gain insights into drafting robust employment clauses, warranties, and indemnities in sale documentation to protect both vendors and purchasers.
• Explore strategies for retaining key employees post-sale and managing redundancy issues effectively, including the use of technical redundancy clauses.
• Stay informed about how proposed legislative changes and recent case law are impacting business transactions.

Intended Audience

Employment lawyers, general practitioners, in-house legal counsel and HR professionals.