Advertisement
If you have a new account but are having problems posting or verifying your account, please email us on hello@boards.ie for help. Thanks :)
Hello all! Please ensure that you are posting a new thread or question in the appropriate forum. The Feedback forum is overwhelmed with questions that are having to be moved elsewhere. If you need help to verify your account contact hello@boards.ie
Hi there,
There is an issue with role permissions that is being worked on at the moment.
If you are having trouble with access or permissions on regional forums please post here to get access: https://www.boards.ie/discussion/2058365403/you-do-not-have-permission-for-that#latest

Taking over the business that made me redundant

  • 31-01-2019 10:32pm
    #1
    bobert01265
    Registered Users, Registered Users 2 Posts: 2 ✭


    We received news last month that our boss will be winding up our restaurant and we were given notice of dismissal (effective end of March). I have been a manager with the company for almost 30 years and am devastated. My boss is near retirement is moving on with other business interests.

    I am interested and confident in taking over the business through leasing of his property and purchase of what I need but my boss says I can't because I would need to legally buy the business rather than starting just leasing as a new restaurant. And if I buy it I will not get redundancy and will responsible for 6 others redundancies which they won't get either now. We get a nice package and I would definitely need it to start up and my colleagues are kind of happy to get redundancy and move on (mostly). To be honest, it would suit me to start off fresh and hire maybe 3 others at first which from our accounts would be most viable.

    I don't really understand why I would need to buy the company? He's not considering selling it but just shutting shop. He puts the building up for lease next week and says I can't go to the letting agent to take out a lease or think about starting a restaurant there as it will put me and my colleagues at risk of losing redundancy. In fact, he says it would wind him up in court? I am not interested in starting a new place as we were quite well established.

    The lease is going up at €1400 a month and the kitchen/floor fixtures and fitting are valued at €50k which I could manage. But if I have to "buy the business" instead for the 50k and take on the current staff I would liable for about €150k redundancy if it goes pear shaped. And I don't think we need the 6 we have!! I also would need to take out an extra 40k to cover what my redundancy would have been! I'm not even sure I would get it...

    What am I missing here. I have read up on TUPE regulations which he says we would be breaching but I wouldn't be here now only for it was closing down and we were dismissed.

    Any advice??


Comments

  • #2
    AlphabetCards
    Registered Users, Registered Users 2 Posts: 410 ✭✭AlphabetCards


    Seems he wants to sell the business in order to avoid paying redundancy. He hasn't lost steam, he's merely seeing the future of the business looking bleak. Avoiding buying the business, you will be inheriting the redundancy problem.


  • #3
    3DataModem
    Registered Users, Registered Users 2 Posts: 4,077 ✭✭✭3DataModem


    If he sells any recognisable part of the business as a going concern, then TUPE applies. The new buyer - you - would be required to employ everyone on more or less the same contract on a continuous employment basis (e.g. if you closed in a year their redundancy would be backdated to when they started with the original employer). You also become liable for some - not all - of the liabilities of the original business.

    Contact a solicitor who specialises in this area.


  • #4
    bobert01265
    Registered Users, Registered Users 2 Posts: 2 ✭bobert01265


    I don't think he's trying avoid redundancy by leading me in to buy it and take over that without my own entitlement now or down the line. He know's I can't do that.
    3DataModem wrote: »
    If he sells any recognisable part of the business as a going concern, then TUPE applies. The new buyer - you - would be required to employ everyone on more or less the same contract on a continuous employment basis (e.g. if you closed in a year their redundancy would be backdated to when they started with the original employer). You also become liable for some - not all - of the liabilities of the original business.

    Contact a solicitor who specialises in this area.

    Yeah, thanks. That what's he's been saying on his legal advice. He's not pushing me about buying the business itself but say's I just legally can't do it the other way whereby I just lease it afterwards. So what just leave the building vacant for 3 - 6 months looking for someone that is not a restaurant! It seems so unfair...


Advertisement