Contract and dismissal in case of takeover? Legal advice

Questioner

I have a permanent contract, now the company is being taken over by a family business and I have been declared redundant and have a social plan, but the family business is hiring another company to fill my position. Is this allowed?

Lawyer

I think you asked the question twice, because I just answered one like that, but of course it could be that two different people are coincidentally asking the same question. For the sake of completeness, here is the answer again: This cannot simply be answered with yes or no. In principle, dismissal due to transfer of undertaking is not permitted, but there are exceptions to this. It would go too far to mention all of this here, especially since this depends very much on the circumstances of the case and is also legally quite complex. By the way, you say that there is a social plan. Has this been agreed with the unions? If not, then a judge will not be bound by it so quickly. In this situation, I think it would be very wise to have an employment lawyer look at your case. If you have more concrete information, I would be happy to look at your case - without obligation - and give you some more advice.