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Entitled to redundancy payment?

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  • 06-05-2017 10:24am
    #1
    hhey2020
    Registered Users Posts: 3 ✭


    Hope I'm posting in the right place. I was informed last week that my company ABC Ireland Limited has taken the decision to cease trading and go into voluntary liquidation, my employment will be terminated and I will be send my P45. But here's the confusing part.. ABC UK Ltd would like to employ me effective immediately to pretty much do the same job. Does this mean that I am not entitled to a redundancy payment or should I still get it as it is technically a different company? I should have been paid wages this week but did not get anything from either company, would this make a difference to any claim I might have? If anyone has any experience or knowledge of this tricky situation I would be grateful for the help. Thanks
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    #2
    Atlantic Dawn
    Registered Users Posts: 81,340 ✭✭✭✭Atlantic Dawn
    M


    Are ABC UK Ltd part of or linked to ABC Ireland Limited? Will you be employed at the same premises?


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    #3
    hhey2020
    Registered Users Posts: 3 ✭hhey2020


    They are linked but as far as I know are both seperate companies, as in the debts of the Irish company will not be carried over to the UK company. Mine is a mobile position with no fixed location all fixed locations for Ireland have been closed.


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    #4
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    hhey2020 wrote: »
    They are linked but as far as I know are both seperate companies, as in the debts of the Irish company will not be carried over to the UK company. Mine is a mobile position with no fixed location all fixed locations for Ireland have been closed.

    I would guess you are covered by the transfer of undertakings derective If that is so then all your rights transfer to the UK company.


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    #5
    hhey2020
    Registered Users Posts: 3 ✭hhey2020


    Would that mean that the UK company should have paid my wages?


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    #6
    NinjaTruncs
    Registered Users Posts: 2,465 ✭✭✭NinjaTruncs


    If you are getting a p45 that would indicate that your employment is being terminated and depending on how long you have been with the company should be entitled to statutory redundancy.

    If the company says you are not entitled to redundancy if you transfer to the new company ensure your length of service is also carried over in case our are let go from the new company. But it seems like you need to get professional advice.

    4.3kWp South facing PV System. South Dublin



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    #7
    Really Interested
    Closed Accounts Posts: 1,554 ✭✭✭Really Interested


    hhey2020 wrote: »
    Would that mean that the UK company should have paid my wages?

    https://www.workplacerelations.ie/en/Publications_Forms/Guide_to_EC_Protection_of_Employees_on_Transfer_of_Undertakings_Regulations.pdf


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