Redundancy & Maternity Leave

T

twisty1980

Guest
Hello,

Does anyone know the legislation in the following circumstances:

The company I was working for "closed" while I was on maternity leave but my boss reopened as a different legal entity as there was a change of shareholders. One shareholder is common between the 2 entities.

I.e. Business never closed but is no longer associated with the legal entity I was employed with before going on leave.

Boss has offered me a new contract with the new company at reduced terms but would accepting this negate the 10 years I worked for the previous company and as such any redundancy payment I would be due if the business closed?

It is a mess at the moment and I am looking for a way out could I push for redundancy based on the previous company shutting down?

Thanks,
 
Hi
Going through a very similar situation and here is some information.
According to our solicitors, when a company is forced to wind down (high court order), the rights of the employees do not transfer to any new entity. If the winding up of the old company has not been forced upon the owners, and a new company has been set up that retains the same identity as the previous one, the rights of the employees CAN and DO transfer to the new company. The fact that it is different shareholders is irrelevant.

To summarise, because you did not get redundancy with the old company, your contract and tenure should be still applicable to the new company - if the new company is still doing the same as the previous one. ie it has kept the same identity.

If the new company has not kept the same identity as the previous one, then you should still be able to claim redundancy directly from the Dept of Enterprise, by filling form RP50.

Please check the following sites for more information: www.entemp.ie/employment/redundancy/guide.htm
Also, www.irishstatutebook.ie (this explains the Protection of Employees on Transfer of Undertakings) EU directive.

I would strongly advise you to seek legal advise on your situation

I hope this helps
Sunny
 
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