European UnionI was dismissed right after the company was bought. Is the transfer itself a valid reason?
No, the transfer of a business is not itself a valid reason for dismissal under EU law. Dismissal solely because of a transfer is automatically unfair unless there is an economic, technical or organisational (ETO) reason entailing changes in the workforce.
What the Law Says
EU law protects employees when a business changes hands. The key rule is that employment rights and obligations transfer automatically — and dismissal solely because of the transfer is prohibited.
The EU Acquired Rights Directive (2001/23/EC) ensures that when a business, or part of one, is transferred from one employer to another, employees’ rights and ongoing contracts transfer automatically to the new owner. This means the new employer steps into the shoes of the old one — including all rights, duties, and liabilities.
Crucially, the Directive prohibits dismissal 'solely or principally' because of the transfer. Such dismissals are void unless they are for an 'economic, technical or organisational reason entailing changes in the workforce' — known as an ETO reason. Examples include genuine redundancy due to restructuring, not simply because ownership changed.
Member States must implement this Directive into national law. So while enforcement details vary across EU countries (e.g., notice periods, remedies), the core protection applies uniformly.
Statutory TextThe transfer of the undertaking, business or part of the undertaking or business shall not in itself entail the termination of the contract of employment or the employment relationship.
— Council Directive 2001/23/EC, Art. 3(1)
Statutory TextDismissals effected by the transferor or transferee for reasons connected with the transfer are prohibited.
— Council Directive 2001/23/EC, Art. 4(1)
Sources
Same Question, Other Jurisdictions
Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-06-08.
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