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Advice on validity of redundancy during company takeover

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  • Advice on validity of redundancy during company takeover

    Hi,

    I would be really grateful for any thoughts on my current situation.

    One of the business branches of the company I work for is being sold to another company. As a member of support staff for the business being sold I have been made 'in scope' which means that I will automatically move to the new entity. The acquiring company has already announced there will be a significant number of redundancies when it takes over.

    In addition, a new organisation chart was recently issued by the acquiring company and my job function is not shown on there. I have also been given the nod by my current manager that my role is likely not to exist, on the basis of a conversation he had over dinner with his equivalent at the new company. This means that when the business transfers in the summer, with me at that point automatically transferring to the new company, that I will subsequently almost definitely be made redundant.

    In the meantime, my current employer has a vacancy for a role at my level for which I would be a strong candidate as it closely fits my skillset and experience and is interviewing external candidates. I have also consistently been a high achiever in terms of annual reviews etc. However, when I mentioned to him that I was surprised I had not been considered for the role as it was a good fit for me and the rest of the team were keen for me to be put in the position, his response was a vague 'Oh, I couldn't do that.'

    The impression I got was that he wanted to a) hire someone new who is his 'own person' (rather than keep someone who was already there when he arrived) and b) is going to use the non-poach clause of the acquisition deal as the reason for not including me in the process/giving me the new role.

    What I was wondering is whether is any obligation on my current employer to offer me a chance to interview for the role before offering it to external candidates and if they, don't whether this will give me leverage with the acquiring company in terms of any redundancy package they offer me, or whether because they are my new employer and weren't responsible for the recruitment for the role with the existing company that I won't have a leg to stand on legally?

    Many thanks for any advice you can offer.
    Tags: None

  • #2
    Re: Advice on validity of redundancy during company takeover

    If you are TUPE'd over to the new employee and they make your position redundant then you get a payout. If you want to interview for the other role then apply as per their criteria.

    What verbally employees or managers have told you is totally irrelevant.
    "Family means that no one gets forgotten or left behind"
    (quote from David Ogden Stiers)

    Comment


    • #3
      Re: Advice on validity of redundancy during company takeover

      Nobody, internal or external, has a right to be considered for a job. You have a right to apply for anything you like, and the employer can consider it or not. You are not currently at risk so neither employer currently needs to consider you as a person at risk - so you get no special treatment in applying for other roles. Hence you have no leverage over either employer, now or in the future, in relation to any possible redundancy package.

      Sorry, but this a a straight forward case of apply for the job if you want, and let's hope you get it; but it doesn't help you in any way if you don't because you don't have a right to any special treatment.

      Comment


      • #4
        Re: Advice on validity of redundancy during company takeover

        Some info here also

        http://www.findlaw.co.uk/law/employm...fers/8395.html

        Comment

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