Transfer Of Undertakings

U

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Hi,

My company is outsourcing the department I work in (~15 people) to another company. They are telling us that our roles,duties and place of work will stay the same, however we will be working for this new company.

I know that this is covered by transfer of undertakings legislation in Ireland.

How about if I don't want to move to the new company ??
Could I make a case that I am entitled get a redundancy payout(I'm aged between 16-66 and have over 104 weeks continuous service)?
I could not find an answer for this in the EUROPEAN COMMUNITIES (PROTECTION OF EMPLOYEES ON TRANSFER OF UNDERTAKINGS) REGULATIONS 2003 documentation.

If I refuse to sign a contract with the new company then I cant be transferred. In that case would it be true to say that my position in the company is being ceased( the new company may well get someone to replace me but the old one will not) hence I am entitled to the payment ??

Anyone have any experience with this ?
 
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