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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12076
Experience:  30 years as a practising solicitor.
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My boss has informed me that he's going to rent out his business.the

Customer Question

My boss has informed me that he's going to rent out his business.the new owners don't want permanent workers and he is talking about making me redundant. I have worked for him for just under ten years.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
If the business is rented out as a going concern you have TUPE rights which protect your employment and its terms and conditions so that your terms and conditions remain the same.
However, it is open to your employer to make you redundant on the basis that your job actually is redundant. The new employer would not be allowed to replace you, for example, as this would result in your redundancy being an unfair dismissal and you would have recourse to an employment tribunal.
Your employer can't make you redundant because of the transfer. It has to be because the job is redundant.
I hope this helps. Please leave a positive response so that I am credited for my time.