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Business sold (leased) to new owners. Where does my GF stand?

  • 15-01-2012 2:02pm
    #1
    Savage Tyrant
    Registered Users, Registered Users 2 Posts: 3,165 ✭✭✭


    My girlfriend has worked in a chipper for 5 years.
    Today she was told the owners were emigrating to austrailia. They have arranged 2 brothers to take a long term lease on the place from February.
    The claim that conditions of the lease is that the current staff be kept.
    Is the GF entitled to say she wants redundancy instead of working for the new owners?
    If she goes on to work for them, what is stopping them getting rid of the current staff a month down the line and bringing their own people in?
    If they do get rid of them then and the previous owners are off in austrailia who is responsible for paying the redundancy? And would it be for the full 5 years or is the new owner period classed as a new employment period?

    Thanks in advance for any help.


Comments

  • #2
    Milk & Honey
    Banned (with Prison Access) Posts: 1,950 ✭✭✭Milk & Honey


    Savage Tyrant wrote: »
    My girlfriend has worked in a chipper for 5 years.
    Today she was told the owners were emigrating to austrailia. They have arranged 2 brothers to take a long term lease on the place from February.
    The claim that conditions of the lease is that the current staff be kept.
    Is the GF entitled to say she wants redundancy instead of working for the new owners?
    If she goes on to work for them, what is stopping them getting rid of the current staff a month down the line and bringing their own people in?
    If they do get rid of them then and the previous owners are off in austrailia who is responsible for paying the redundancy? And would it be for the full 5 years or is the new owner period classed as a new employment period?

    Thanks in advance for any help.

    What you need to look at is the Transfer of Undertakings Regulations. Your girlfriend is entitled to stay on at the same terms and conditions as before and cannot seek redundancy.


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