Takeover

LegacyUser

Hi All

Looking for some advise, my other half has just found out that the company they work for has been sold to another fairly big company. Not a lot of other information has been given but a lot of people have various worries re terms and conditions. It has been mooted that they will all be offered contracts with the new company at the same levels but nothing concrete as of yet.

What we are wondering is do they have to offer redundancy as the new company will be based elsewhere which doesn't suit regarding travel and childcare commitments etc. Also my partner isn't sure they wants to work for the company that have taken over, just doesn't like the cut of their jib so to speak. What are the possible options here?

Thanks in advance

Stheno

This is actually a relatively complex area of TUPE legislation and is unclear in Ireland.

There was a case in 2009 in the High Court which held that employees in situations such as you describe have resigned and are not entitled to redundancy.

You are probably better off speaking to a specialist in employment law about this tbh.

Bandana boy

not liking the cut of their jib is not grounds for redundancy
If they change her role or terms and conditions to something that is not equal/similar then you would have grounds for seeking redundancy.

Moving premises could be considered grounds for redundancy ,this one can be kind of tricky , my understanding is if the move is inside 17km then it is not grounds for redundancy and above 17km it is ,but I would check that out as I am not 100% on the distance.

therecklessone

Stheno wrote: »

This is actually a relatively complex area of TUPE legislation and is unclear in Ireland.

There was a case in 2009 in the High Court which held that employees in situations such as you describe have resigned and are not entitled to redundancy.

You are probably better off speaking to a specialist in employment law about this tbh.

The relevant case was Symantec Limited v Lyons (2009) and it followed on from an earlier EAT case which had found that the employees remained employed by the original business and were entitled to either redeployment within that business or redundancy.

The High Court case obviously overturned that decision.

The best advice the OP will get in this regard is your last sentence.

Bandana boy wrote:

Moving premises could be considered grounds for redundancy ,this one can be kind of tricky , my understanding is if the move is inside 17km then it is not grounds for redundancy and above 17km it is ,but I would check that out as I am not 100% on the distance.

I'm not sure where you've heard of 17km, if I was a betting man I'd say the public service norm (as established by the Haddington Road Agreement) of 45km would be more likely if this was considered sufficient grounds at all. What is certain is that substantial changes to terms and conditions is grounds for the employee to refuse the transfer, and in that case it is likely that redundancy would ensue:

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/transfer_of_business.html

Unfair dismissal

If your contract of employment is terminated because a transfer involves a substantial change in working conditions to your detriment, the employer concerned is regarded as having been responsible for the termination of the employment. So, for example, if your new employer cuts your wages because he/she feels you are being paid too much and you resign as a result, your new employer will be regarded as being responsible for the dismissal by failing to honour your contract of employment.

You really should visit an employment law specialist if you are concerned OP.