Redundancy in Ireland
All about fairness
What is it ? Do you qualify and were you selected fairly?
The definition of redundancy is set in legislation and has been elaborated on by the Employment Appeals Tribunal.
The primary legislation in this area of the law are the Redundancy Payments Acts,1967 to 2007 .
The acts list a number of situations from which the redundancy can arise. The essential elements, as contained in the legislation and referred to by the Employment Appeals Tribunal are “impersonality” and “change”. The job must be the focus of selection, not the employee, and a change in the job must take place.
If the employer's selection process displayed bias or was flawed in any way then the dismissal will be held to be unfair.
Do I qualify for a redundancy payment?
As an employee, you must satisfy the following criteria, in order to qualify for a redundancy payment:
Be in employment that is insurable for all benefits under the social welfare system (PRSI Class "A")
Have worked continuously for the employer for at least 104 weeks
Have been in continuous employment for more that two years if a part-time worker
Be over 16 years of age.
The same rules applies to apprentices. Apprentices qualify for redundancy unless let go within one month of completing an apprenticeship.
What if I qualify for a Redundancy lump sum payment, but my employer does not acknlowledge it?
If you have not been served with the proper redundancy claim forms, or the lump sum has been incorrectly calculated or your employer has stated that you are not entitled to payment, in circumstances where you believe that you qualify, then you can use Form RP 77 to initiate your claim.
Form RP 77 Download here
Can I leave before the redundancy notice which I received expires?
The answer is yes, but you have to meet all of the requirements, otherwise you may lose your entitlement to redundancy payment. It is better to wait out the notice period before leaving.
If however you have been offered a job with another employer, you must serve notice to your current employer using Form RP 6.
If the employer serves a counter notice, requesting you to stay, you will lose your redundancy entitlement if you unreasonably refuse to stay and work with your current employer.
This area is very technical and you should seek advice before making a final decision.
Form RP 6 Download here
See related article, Losing your job here
Where can I get impartial, confidential advice on what to do next?
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