Written answers
Tuesday, 11 March 2008
Department of Enterprise, Trade and Employment
Employment Rights
8:00 pm
Bernard Durkan (Kildare North, Fine Gael)
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Question 309: To ask the Minister for Enterprise, Trade and Employment the procedure to be followed by redundant employees in the case where business premises close but reopen with some new management members but with no redundancy provisions on the grounds of all new management; and if he will make a statement on the matter. [10719/08]
Billy Kelleher (Cork North Central, Fianna Fail)
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The provisions regarding statutory redundancy payments in circumstances arising from a change in the ownership of a business are as follows: Where there is a change in the ownership but the employee continues to work for the new owner with no break in employment, the employee is not entitled to redundancy payment at the time of the change of ownership but his continuity of employment is preserved for the purpose of redundancy payments in the event of his dismissal on redundancy by the new employer at any future date. However, where no transfer of undertaking exists the employees are entitled to statutory redundancy from their existing employer. Disputes in relation to these matters may be referred to the Employment Appeals Tribunal.
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