What about employees off sick or on statutory or contractual leave at the transfer date?

All employees off sick or on any kind of leave who belong to the group of transferring employees will transfer automatically on the transfer date, even if they are unaware of the transfer (Fairhurst Ward Abbotts v Botes Building [2004] IRLR 304). The fact that they were not at work carrying out the activities immediately before the transfer is irrelevant.

Remember that an employee on maternity, adoption or additional paternity leave whose role becomes at risk of redundancy, including as the result of a transfer, is entitled to be offered any suitable available vacancy (Regulation 10, Maternity and Parental Leave Regulations 1999). For more information see the LRD Booklet Redundancy Law, 2013 (www.lrdpublications.org.uk/publications.php?pub=BK&iss=1690).