Boss selling the company

wilser

As the title says a friends boss is selling the company and a couple of questions have arisen that I don't know the answer to.

Is he entitled to statutory redundancy when the business is sold?

Does he still have 20plus years service or is that broken now?

Thanks for any input with this

Buddy Bubs

https://www.boards.ie/discussion/2058329384/boss-selling-the-company

Company is for sale, his position is not being made redundant, 2 very different things

Unless his position is made redundant, he isn't entitled to anything just because company is being sold

He will have his service continue as normal, its callee TUPE.

wilser

https://www.boards.ie/discussion/comment/121565448#Comment_121565448

Thanks for the quick reply, it was sprung on them this morning and his head is all over the place. I hadn't a clue and never heard of TUPE

GreeBo

Basically he has a new boss and thats it.

Now they might bring in a new contract or something, but that could have happened anyway, he either signs or he doesn't.

Assuming its a merger, it might well mean redundancies on both sides as there will likely be 2 people doing the work of one in a number of roles.

thebiglad

https://www.boards.ie/discussion/comment/121565690#Comment_121565690

Basically if the company is simply taken over then all of the employees transfer with it - its a legal protection. If, the company is taken over by a competitor then it is possible the location of the employment will change or there are other employees already doing the same role and so there may not be multiple positions - in these situations your friend and the existing employees of the other company will be interviewed/assessed for the role and the person best suited will be retained and the other offered an alternate position or redundancy.

Until the situation is clearer your friend should just sit tight, it may be some time till the legalities of any sale are finalised (or it may fall through) but the legal protections are quite good.

Ultimately if your friend is released then yes, they will be entitled to redundancy but it should be proven (during a consultation period) that the role is no longer required and there are no other suitable roles which can be transferred into.

Jim2007

https://www.boards.ie/discussion/2058329384/boss-selling-the-company

In law the company and the owner are two separate legal entities. Your friend's contract etc are with the company and so nothing changes for him other than he now knows someone else owns the company. Of course what changes in the future is anyones guess, but then again there is no way of telling what might have changed had the current owner continued to operate the company.

Oscar_Madison

As all of the above- sit tight for the moment is best advice- he still has a job - given your friend has worked there for 20 years and given his reaction, I think now would be a good time to dust down the CV, get it updated and take stock of where they are, where they might like to be in the near future etc - start listing out their skills(takes time if you ure not used to it) , looking at similar job adds online to see how he matches what’s being looked for etc - maybe even some managing your career training - if redundancy is on the cards in the next 6 months or year, better to be prepared for it- at the very least this is simply a wake up call to not be complacent about your job/skills/career - not saying your friend is complacent, but given his years of service, it’s an indicator that he may not be as up to speed with finding new employment and marketing himself as he might need to be if things don’t work out.

twin_beacon

https://www.boards.ie/discussion/2058329384/boss-selling-the-company

My company has been sold twice in the last 10 years.

Unless he is being made redundant, he won't be entitled to redundancy.

His years of service will not be broken.