Company bought out, relocation to suburbs - Employee Rights/Redundancy Option?

Hi all,

The company I work for has recently been taken over. The new management has indicated their intension of re-locating our office from a central Dublin location to existing premises out in the suburbs. This move doesn’t suit the vast majority of employees in the office (me included). I currently commute from outside dublin using public transport. This change means in addition to the existing journey I will need to get a bus or Luas out to the new office. Driving to work isn’t an option for me. In total I would guess my daily commute (each way) will extend up to 2hrs all going well.

I recall reading somewhere that it’s possible to look for redundancy on geographical grounds, is this correct? How does one proceed with such a request? I've still to contact DETE regarding the subject.

In addition, the new management team are looking to move us out of the office in quick fashion. Came across the "European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003, Explanatory Booklet for Employers and Employees" on the DETE website which states

In a transfer situation, both the original employer and the new employer must inform the representatives of their employees affected by the transfer, of -

(i) the date or proposed date of the transfer;

(ii) the reasons for the transfer;

(iii) the legal implications of the transfer for the employees and a summary of any relevant economic and social implications of the transfer for them, and
any measures envisaged in relation to the employees.

The original employer must give this information to the employees’ representatives, where reasonably practicable, not later than 30 days before the transfer and in any event, in good time before the transfer occurs.

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We've only recently meet the new employers and none of this have been given to us in writing. The move is to be completed by the end of the month. Have we a case to argue they fulfil these commitments and allow us more time before the move?

Any insights on this subject matter would be appreciated as none of us are members of any union.

Thanks

LS

Re: Company bought out - Employee Rights?

I wouldn't have thought the change of ownership would have much to do with this. If the change of ownership had not taken place and the current owner wanted to move office location to the suburbs, then I don't see how your rights as an employee would in any way affect whether the move went ahead or not. Your rights might certainly affect the timing (notice period etc.) but not the ultimate outcome.

Quite apart from your rights, is the matter of your leverage, but I'm not going down there.

Why would you consider fighting a case for more time? Is it to make a point or to buy yourself more time so you can change job without a gap?

Finally, it is a small world, so you may want to take the opportunity to amend your post to remove the reference to the suburban destination. I doubt there are too many companies out there that have bought city businesses recently with plans to consolidate to the suburbs, so if you want to protect the identity of your company ...

Re: Company bought out - Employee Rights?

Your employer ceases to carry on business or ceases to carry on business in the place where you have been employed

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