Bankruptcy + Holidays

ArthurM

Hello,
the thing is that i was working in a company which got sold (the owner said he is a bankrupt),
we did receive our P45s but there was no cheques for our holidays.
And the new owner said he won't pay for that and we need to talk with the previous owner - he is unreachable

The question is what can we do with that? Will the Revenue (or anyone else) recompensate that for us?
or are we left on our own and the only way to be paid is by a lawsuit?

Kindest regards
A.

Bigcheeze

Were you employed by a company or a sole trader ? This information will be on your P45. If it's a company and the company was sold, the company still owes you this money. The fact that someone else bought the company is irrelevant.

ArthurM

I was emplyed by a company, but there is no contact with them. They do not answer phones, e-mails, the office is closed.

Bigcheeze

ArthurM wrote: »

I was emplyed by a company, but there is no contact with them. They do not answer phones, e-mails, the office is closed.

I thought you said the company was bought by a new owner. It's the company you need to chase not someone who used to own the company.

Peterdalkey

You need to establish if the new owner bought the business/company or just the assets. If he bought the business, you may well have a claim against him under employment law. . You should get on to the Citizens Information office with all your details http://www.employmentrights.ie/en/aboutnera/links/

ArthurM

As far as i know there was a few branches, most of them are closed not but two got sold.
No one will tell us how it was made, i think the previous owner just closed the company but sold two of his branches.

We have our P45s but there is no sign about our holiday payments. And is some cases that is a lot of money.

Peterdalkey

You simply have not provided enough factual information to gain any useful advice on here. Go to Citizens Information for help/information.

ArthurM

Peterdalkey wrote: »

You simply have not provided enough factual information to gain any useful advice on here. Go to Citizens Information for help/information.

that is the thing we do not know nothing else. One of the owners came to us and said that he sold our branch, the new company agreed to give us new contracts and thats it. The rest of the branches are closed. There is no contact with previous owners (LTD company).

Peterdalkey

I do not seem to be able to express myself to you clearly. You may well have rights and a claim against either the former owners or the current owner for your holiday pay and perhaps even redundancy payment, to find out definitively seek the proper advice as outlined already
.

dbran

Hi

All the information you need is available in that link that Peter supplied.

Basically where the activity of the business will continue and it is sold as a going concern (either partly or entirely), then the legislation protects the interests of existing employees at the time of the changeover.

This means that the new employer must honour the contracts of employment of existing employees, with the exception of pensions but including rates of pay, hours of work, annual leave entitlements, continuous service and so on.

Neither the previous nor the new employer can use the fact of the sale as a justification for dismissing employees. The old or the new employer may however have valid economic, technical, or organisational grounds justifying changes in the workforce which may result in dismissal. In that case proper dismissal procedures must be followed

As employees you must be informed of the change and the reasons at least 30 days before the transfer.

Sounds like a very poorly executed transfer of undertaking which could end up with a trip to the rights commissioner and an expensive bill for the new owner and the old owner.

Best regards

Dbran