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Transfer of undertakings

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  • 21-09-2009 9:48am
    #1
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭


    Hope someone here might be able to help.

    Heres the story.

    In May this year the company I worked for went into voluntary liquidation due to not being able to pay its creditors.

    All staff were made redundant and asked to reapply for their positions.I was one of the few that got re-employed but with huge changes to my terms of employment ie 33% paycut and loss of benefits.

    Now heres where it gets interesting.
    The new company has cut everyones pay but one of the old directors is still involved.And we all feel that the new owners just took over in a transfer of undertakings situation.
    Oh by the way we still have not received new contracts or written terms of employment which I believe is illegal.

    The loss of the benefits and paycut are not the problem since the BIK was huge anyway and one balanced out the other so Ive almost the same take home that I was on.

    The problem is that Ive been asked to change location of my employment which would mean a 2.5 hour commute instead of the 45 minutes at present which I just cannot do.My wife is in college 3 nights a week and leaves as soon as I arrive home and if Im asked to move then she`ll have to give the course up or else Ill just have to go on the dole which I dont want to do but I really dont have any choice if they enforce this---Ive been told that if I dont move I can "take the door permanently" <<<<<Can they even make threats like this???

    My head is wrecked with this place--It just seems like theyre taking advantage of staff with nowhere else to go.

    Ive been told that if I can find out that a transfer of undertaking has taken place then my old contract still stands and we should all be reinstated at our previous wage and benefits and that our terms of employment cannot be changed at the drop of a hat.

    Is there anyway to find out if this has happened?


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    #2
    Nody
    Moderators, Category Moderators, Arts Moderators, Business & Finance Moderators, Entertainment Moderators, Society & Culture Moderators Posts: 18,315 CMod ✭✭✭✭Nody


    Has the name of the position changed?

    Also keep in mind that they can make you change location based on your contract (old or new) even if that would involve making you redundant.


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    #3
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    The name of the position has stayed the same.


    And how can the make me change location when the place Im working in is still going to be here--Its a different branch they want me in.

    My old contract states that Im working in "x" and since I dont have a new contract or terms of employment--apparently the law is that a new "written terms of employment must be give to each employee within 2 months of the employment commencing" I dont know where I stand.


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