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Job transfer rights

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  • 20-09-2020 3:23pm
    #1
    Registered Users Posts: 166,026 ✭✭✭✭


    Hoping someone here might be able to shed a bit of light on my predicament.. also sorry for the long post

    I have worked in my current position for 10+ years and recently the company I work for got taken over by a larger company.
    Contracts all transfered over so that was all fine.
    Fast forward a few months and I enquired to HR about a transfer to the UK to which I was told no problem, I asked on the phone at the time about my contract and if I would be able to keep it and was told it should be no problem (though I could tell he was rushing to get me off the phone as he had meetings). I didn't get that in writing as when I sent a follow up email to confirm, I didn't get a reply.
    When I rang again a month later to follow up I was then told that they wouldn't have an equal position for me where I was transferring so I would be demoted a position, they've also now slashed my pay in line with their uk staff and I would have to sign a new contract with none of my old contract benefits. The only thing that will carry over is my length of service.
    I'm just a bit annoyed now as I was previously told keeping my contract shouldn't be a problem.
    Can they do that or do I have any sort of leg to stand on here regarding keeping my current contract?

    Thanks in advance for any advice


Comments

  • Registered Users Posts: 25,692 ✭✭✭✭Mrs OBumble


    Did your old contract explicitly say you could transfer to another country, while retaining your pay and benefits from this country? If it did, then you may have some options. But I think it would be unlikely - usually when you transfer to work in another country, you are paid at local rates.

    Among other things, imagine how your UK colleagues would feel if they saw you coming in from Ireland, and getting higher pay for doing the same work.


  • Registered Users Posts: 24,822 ✭✭✭✭Strumms


    Their terms of employment is nothing to do with the new colleagues.

    If they get the transfer the only things the new colleagues are informed of and are entitled to be informed of are background snippets of info such as...

    - name

    - experience

    - accomplishments

    Anything to do with their personal information such as their holiday allowance, their pay, performance review scores etc are all simply between management and the relevant employee....

    If you are being paid 55,000 to do a job here, as a result of the transfer to say Edinburgh you should be earning the same money.


  • Registered Users Posts: 14,025 ✭✭✭✭Dav010


    Op, are you applying for a transfer, or is your company transferring you?


  • Registered Users Posts: 915 ✭✭✭thefa


    I think the HR contact may have been fobbing you to get to his meeting or else the company has reassessed its position on recruitment and transfers with the economic situation. I do not think the phone call would give you sufficient grounds unfortunately.

    If you are set on moving to the UK, I think it would be realistic to expect some hit based on the weakness of the pound (assuming similar job markets). It would be helpful if you are able to research what is typical on the market for your current role, although this could be hampered by the economy also. At least this way you would be able to tell what is the hit from the country switch and what is the hit on the demotion.

    I’m not sure of your situation and priorities but you may need to consider leaving the company if you want to obtain a better net income in the UK or holding fast in Ireland for the short to medium term.


  • Registered Users Posts: 3,733 ✭✭✭OMM 0000


    When I rang again a month later to follow up I was then told that they wouldn't have an equal position for me where I was transferring so I would be demoted a position, they've also now slashed my pay in line with their uk staff and I would have to sign a new contract with none of my old contract benefits.

    I'm confused by this part.

    Are you saying you had an informal chat on the phone, and based on that you've moved to the UK and taken up the role, and you're only now receiving the new terms of employment?


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  • Closed Accounts Posts: 22,651 ✭✭✭✭beauf


    He might be still in Ireland but now on the same pay as UK staff.

    When a company takes over another they often shed staff. This could be a means to achieve that.


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