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My employer is being taken over – What happens to me?

Where a business is transferred the TUPE Regulations are likely to apply and if so, you will be automatically entitled to transfer with the business on the same terms and conditions that you enjoyed with your original employer.

In the event that the new employer is not prepared to offer you any employment then you would have a claim for automatic unfair dismissal unless an ETO reason (economic, technical or organisational reason) entailing changes in the workforce were to apply.

This would mean that provided that you had two years’ continuous service with your original employer at the time of the transfer, you would be entitled to receive a statutory redundancy payment in the event that there was no suitable alternative employment for you.

 

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