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are you buying a business and will the existing employees be working for you [Music] im hamish proctor from aiken legal purchasing a business can be an exciting and stressful time whilst most purchasers engage in a thorough due diligence process before buying a business one thing that is often overlooked is the employment law aspect of due diligence specifically there are particular opportunities for purchases of a business to put protections in place relevant to transferring employees but these opportunities are only available if they are taken before the purchase is complete purchases of businesses which have existing employees who are going to transfer with the sale of the business should be aware that it is possible under the fair work act to provide a particular type of letter to transferring employees which recommences the transferring employees minimum period of employment from the date they commence employment with the purchaser this means that for the purposes of unfair dism