Company being sold as a going concern what redundancy rights do I have?
- Thread starter Chefie
- Start date
Re: Redundency rights
Your continuity of employment is preserved under a change of ownership at a future date after a change of ownership adn you retain any reduncdancy entitlements you had prior to change of wonership. If you were laid off immeediatley on the change, you would not be entitled to redundancy. See here : http://www.entemp.ie/publications/employment/2004/guideredscheme.pdf
Your continuity of employment is preserved under a change of ownership at a future date after a change of ownership adn you retain any reduncdancy entitlements you had prior to change of wonership. If you were laid off immeediatley on the change, you would not be entitled to redundancy. See here : http://www.entemp.ie/publications/employment/2004/guideredscheme.pdf
M
mooch's mom
Guest
Re: Redundency rights
there are rights afforded to the employees by the new owners under a "Transfer of Undertakings" - maybe someone can give more information on this?
there are rights afforded to the employees by the new owners under a "Transfer of Undertakings" - maybe someone can give more information on this?
greenfield
Registered User
- Messages
- 191
Re: Redundency rights
If the company is being sold as a going concern, the new employer inherits your service and terms and conditions of employment (except pensions) - it is as if you always worked for them. Therefore in the event of a redundancy, it will be calculated on all of your service. However, they cannot make redundancies just because of the transfer, there must be other reasons justifying the redundancy. You must be given 30 days notice of the transfer and details of what is involved.
If the company is being sold as a going concern, the new employer inherits your service and terms and conditions of employment (except pensions) - it is as if you always worked for them. Therefore in the event of a redundancy, it will be calculated on all of your service. However, they cannot make redundancies just because of the transfer, there must be other reasons justifying the redundancy. You must be given 30 days notice of the transfer and details of what is involved.
Brendan Burgess
Founder
- Messages
- 55,182
Re: Redundancy rights
Effectively, your rights are not affected.
If they make you redundant, it must be genuine and fair.
If it is not genuine, you can sue for unfair dismissal.
If it is genuine, you will get your statutory entitlements in the same way as any other employee being made redundant.
Brendan
Effectively, your rights are not affected.
If they make you redundant, it must be genuine and fair.
If it is not genuine, you can sue for unfair dismissal.
If it is genuine, you will get your statutory entitlements in the same way as any other employee being made redundant.
Brendan