Question about possible unfair dismissal

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familyguy

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The company I work for is about to be leased out.

I have been told that the new people in charge will be bringing or essentially want to bring in their own personnel and that my job may be in jeopardy.

However given that nature of my role and the type of job I do, they would still be employing a new person to fulfil my current job description.

If I am given notice and informed that I am being let go (after being with my current employer for over 5 years in the same position), would I be entitled to claim unfair dismissal as they would be effectively replacing me without a genuine reason to? OR would the fact that a new employer (the new leaseholders) have the power to make whatever changes they deemed necessary legally.

Also redundancy wise, should it come to it, having been paid a salary (per month) since joining the company, what could I expect to be entitled to?

Thanks.
 
Not sure about a company being leased out, but I assume it is the same as if it was bought out. That means that the new owner is obliged to take on existing staff under your current agreement with your old boss.

If they wanted to get rid of you, they would need to make you redundant therefore you would be entitled to a redundancy payment. But, they cannot fill this position for 12 months (check on the liength of time). If they do, go for unfair dismissal! Also, try to keep an eye that some companies will fill your role with a different title. I know i got approached by one company in that situation and they just gave me a new title. I shoudl have heard alarm bells, but in the end they screwed me over!!


Think redundancy is 2 weeks per 4 & 2 weeks. So for 5 years you would get 12 weeks pay, tax free too.
Best of luck with it.
 
rbarry said:
Not sure about a company being leased out, but I assume it is the same as if it was bought out. That means that the new owner is obliged to take on existing staff under your current agreement with your old boss.

If they wanted to get rid of you, they would need to make you redundant therefore you would be entitled to a redundancy payment. But, they cannot fill this position for 12 months (check on the liength of time). If they do, go for unfair dismissal! Also, try to keep an eye that some companies will fill your role with a different title. I know i got approached by one company in that situation and they just gave me a new title. I shoudl have heard alarm bells, but in the end they screwed me over!!


Think redundancy is 2 weeks per 4 & 2 weeks. So for 5 years you would get 12 weeks pay, tax free too.
Best of luck with it.
Click to expand...

Thanks for the reply.

I am wary of that situation. changing my job title, would this be a common practice for companies who want to take people off the payrool and replace them with others?

Does an employee like myself have any protection in that situation?
For example, if my job is taken, whoever comes in will have to carry out my exact duties, of course this could be adapted so that others are taken in also and it is possible that they could make a positional name change but essentially it would be the same role?
 
Transfer of undertakings regulations (if they apply) ensure that your terms and conditions of employment are preserved once the changeover happens to the new company. Any redundancy, whether connected to a transfer or not is subject to the same rules so the new company may be able to make redundancies but they cannot just bring their own people in.

A mere job title change will not satisfy a tribunal that it was a genuine redundancy. However the notion that the work has to dissapear for a redundancy to occur is not accurate, the definition of redundancy does allow for work to be distributed among remaining staff but the definition is clear that that can only arise where there are fewer staff;
(the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise,).

As well as proving that there really was a redundancy an employer would have to justify your selection using objective criteria and show that you were treated fairly in the process that led to redundancy.

 
I think common sense applies, for once! If they make you redundant and you did jobs a,b,c,d & e. If they take someone new one, with a different title and he/she does a,b,c & e, but not d. Then I think a tribunal would rule in your favour. Most reasonably professional companies would do whatever they need to in order to avoid these, so would cleverly work around it.
 
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