Much of the legal and corporate aspect of the Rangers (IA) saga that will culminate in HMRC rejection of the Charles Green CVA proposal has, frankly, been beyond me; but from personal experience, I can speak with some authority on the question of employee rights in relation to a transfer of enterprise from one company to another.
Mr Green is 100% WRONG in his assertion that employees must accept the transfer or be in breach of contract. The truth is that, while an employee is absolutely entitled to employment by the new company, with protected terms and conditions, he or she is under no obligation to take up that entitlement. Should they so choose, they can simply decline the transfer, in which case it is treated as a resignation, sadly but understandably with no right to any redundancy or compensation – but equally, with no penalty or other encumbrance whatsoever.
End of …
Sorry, Mr Green, I’d say your no doubt expensive legal and /or employment rights advisers should’ve kept you right on that one – homeward to think again!