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DH being 'sold' by current company and transferred to new company... does he have to accept?

11 replies

MrsBeDreadingTrickOrTreat · 24/10/2006 18:25

Scenario:
dh works for company A
Company A is selling part of its venture to company B
dh has been classified as a member of staff working for one of the areas that are being sold to company B, hence being transferred over

DH has the option to appeal if he considers himself not being mainly part of the are that's being transferred, however is is mainly in that area

Simple Question is:
Does he have to accept being moved?
If not will he have to resign or is he entitled to redudancy?

thank you

OP posts:
TheBlonde · 24/10/2006 18:26

have a look at this

MrsBeDreadingTrickOrTreat · 24/10/2006 19:39

thanks will have a look at that

OP posts:
ANAconda · 24/10/2006 20:05

good link. As it says, if he objects to the transfer then he is deemed to have resigned when it takes effect. The new company are obliged to meet his contractual terms and conditions apart from pension. what's his objection to moving?

MrsBeDreadingTrickOrTreat · 24/10/2006 21:28

he'd rather take redundancy than move to that particular company... he wouldn't go for an interview with company B if he were out of work and desparate...

OP posts:
TheBlonde · 24/10/2006 21:34

but they don't have to offer him redundancy

MrsBeDreadingTrickOrTreat · 25/10/2006 14:53

I know they don't have to offer him redundancy. However, his position got realigned so he will be moved over. His boss e.g. is out of a job even though he's in the same department.

Main issue is as I said that dh wouldn't apply for a job with co2 had he been out of work for a while and were desperate so understandably he doesn't really want to go over to work for them

OP posts:
TheBlonde · 25/10/2006 14:54

well I guess he needs to start looking for an alternative job then

lemonAIIEEE · 25/10/2006 15:19

As pp said, his choices are to accept being moved or to resign - there'd be no entitlement to redundancy. If he really doesn't want to work for company B then could hang on to see if company B want to make any cutbacks/redundancies after they've taken on the staff from company A (which isn't uncommon to do), and then he might be able to take redundancy, or he can just start looking for another job now.

MrsBeDreadingTrickOrTreat · 25/10/2006 15:29

thought as much but thought I'll have a moan anyhow

OP posts:
chai18 · 25/10/2006 15:44

He could try to volunteer for redundancy

Plibble · 25/10/2006 16:59

MBDTT, if I were your DH, I would stick with the current job until after the business is sold on the basis that it is often easier to find a new job when you are employed. Also, as Lemonaiieee said, it is not uncommon for purchasers to make redundancies after acquiring a business, so you never know what will happen after the acquisition. Obviously if he objects to being transferred and is treated as having resigned, he will get nothing.

BTW, how many employment lawyers are there reading this thread? Seems like quite a few!

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