Employment transferring to a different company

[MissRibena]

Hi all

Just wondered what are the practical implications of your employment moving from one company to another? It's an administrative merger situation ; both companies exist side-by-side but are going to be rolled into one for simplicity.

I'm mostly worried about lenth of service issues and the implications for reduction in any possible future redundancy payments. Is there any way to protect against this?

Are there any other issues to consider?

 

[Kintyre]

I am in similar situation, and the main thing to think about is "transfer of undertakings", where your service and entitlements will be taken on board by the new company.
will there be issues with restructuring your job description?
will you be working alongside a new colleague (from other company) who has also transferred to new company with entitlements which are better than yours - for me this will be an issue as my terms and conditions are quite poor compared to my future colleague's

 

[ubiquitous]

I'm mostly worried about lenth of service issues and the implications for reduction in any possible future redundancy payments. Is there any way to protect against this?

Afaik, the "transfer of undertakings" provisions of the various employment acts generally protect you against any erosion of your entitlements in such situations. You should contact the advice services of the Dept of Enterprise & Employment.

 

[Kintyre]

Taken from NERA...

Transfer of Undertakings

A transfer of undertakings occurs when a business or part of a business is taken over by another employer as a result of a merger or transfer.
When a transfer takes place there is a legal obligation on the new employer to take on the existing staff of the business or the part of the business concerned. The employee's accrued service with his or her original employer is deemed to have been with the new employer. The employee is entitled to terms and conditions of employment with the new employer which are no less favourable than those he or she enjoyed with the previous employer immediately prior to the transfer.
For further information download our guide to Transfer of Undertakings EU Directive
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