redundancies in Co. and now we're up for sale.

[girseach]

Hi

I work in a factory that is amercian owned, they are looking for some voluntary redundancies at the mo with a package of 6.5wks, I wasn't going to volunteer as I am only with the company 3 years but it was announced last week that the amercian co. are now selling us as well. If the new company decide to make me redundant when they take over would I only get the statury 2 weeks? i have being trying to reseach TUPE rights where the new company would have to offer the same T&Cs but not getting much information. Are amercian companies covered by TUPE? Even though I had decided not to apply for the voluntary the 6.5weeks would be worth over €12,000 to me so really starting to panic. There is no union in the factory. Any advise would be appreciated

 

[krissovo]

I work in global outsourcing and TUPE is an interesting legislation. You would be covered by TUPE if the factory is taken over and run the way it is today.

If the scope of operations change in anyway then you may not be covered by the TUPE legislation. Also if they buy the business and then move operations out of the EU then you are not covered TUPE and you can lose your job and any payments so you could end up with nothing with each company telling you to seek legal advice and apply for compensation against each other.

There are many ways around the TUPE legislation but these are normally sourced only for the expensive resources like senior managers as they normally bring their own in. For the skilled workforce they are normally concidered as an asset and a requirement of the new business.