Transfer of Undertaking.
What happens to your employment rights where a transfer of the business (or part of it) is taking place ?
Under the European Communities (Protection of Employees on Transfer of Undertakings) Regulations 2003 your rights are protected
How do you define a transfer?
The legal person running the business must have changed. The business previously carried out by your old employer must now be carried out by your new employer. The business must be transferred as a going concern.
What rights get transferred?
All of your rights under your contract of employment are transferred and become the responsibility of the new employer, with the exception of pension rights.
Pensions, dismissal and consultation
Pension rights do not transfer, except for social welfare pension entitlements. An occupational pension scheme under the Pension acts are protected and do apply.
The transfer of the business is not a reason for dismissal. If the employer can show economic, technical or organisational reasons for the dismissal then it may be shown to be fair. Each case stands on its own merit. Consultation must take place under the Employees (Provision of Information and Consultation) Act 2006 where it applies.
Where can I get more information?
Contact us for a free time limited consultation.
Guide to EC Protection of Workers on Transfer of Undertakings Regulations, Download here
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