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New Employer taking over business; what are my rights?

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  • 29-03-2012 1:49pm
    #1
    upforit101
    Closed Accounts Posts: 263 ✭✭


    (It's actually to do with a family relation).

    Firm has gone into receivership and a new employer is buying the business from the receiver.
    This new employer has a reputation for being a thoroughly nasty person.
    The employees have no contracts of employment with the current employer.

    What kind of things should the employees request from the new owner?
    Can the new Employer reduce rates of pay (without employees consent)?
    Can the new Employer change terms and conditions of work (without employees consent) etc?
    Can the new Employer force through new terms and conditions of work?
    Can the new emplyer change work practices (without employees consent)?
    Can the new Employer replace the current employees?
    (bearing in mind the current employer has no contracts of work with them and is out of the country)

    Thanks in advance


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    #2
    gerrycollins
    Registered Users Posts: 1,799 ✭✭✭gerrycollins


    howe long is the employment before this current situation?

    there is an issue called TUPE (google it) basically means that current existing terms and conditions are transferred to a new owner however if the previous owner was in recievership I can see a case where by existing work practises, wages and other elements you refer to could be targetted as the reason the company initally went into recievership and thus are changed for the future of the business.

    having no contract is no big issue if the employee is there for a considerable period where existing terms and conditions are deemed to be their contract however considering the situation the company was and is in the whole thing sounds like a biss mess.

    I think you will get a load of the "well at least you have a job" brigade however the employees must group together and discuss themselves what if any changes they are willing to accecpt especially considering there is no written proof of these conditions.


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