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Payment of Redundancy

  • 01-12-2013 6:48pm
    #1
    RedundancyQ
    Registered Users Posts: 1 ✭


    Hi,

    This is a question regarding disentitlement to redundancy payment for refusal to accept alternative employment.

    Our employer has recently given a few employees, including myself, new contracts to sign.
    We were told if we do not sign them we will be made redundant, without any redundancy payment.

    The main differences in the contract to what we currently do are:

    1. Not guaranteeing hours. "Our position is subject to them having sufficient sales." (We have been working Mon to Fri, from 08.00 to 15.00 for several years now.)

    2. Shift work, we can be rostered at anytime, day or night, 7 days a week. (We have been working Mon to Fri, from 08.00 to 15.00 for several years now.)

    3. Working in a different department in the company when needed.
    (The job in these departments, would involve completely different work.)

    Our employer has said there will be no negotiating the terms of the offered contract.

    My question is, if we were to refuse to sign the new contract and be made redundant, would we not be entitled to a redundancy payment?
    Or would the above change in terms & conditions be classed as a reasonable alternative employment?
    Tagged:


Comments

  • #2
    ted1
    Registered Users Posts: 23,231 ✭✭✭✭ted1


    RedundancyQ wrote: »
    Hi,

    This is a question regarding disentitlement to redundancy payment for refusal to accept alternative employment.

    Our employer has recently given a few employees, including myself, new contracts to sign.
    We were told if we do not sign them we will be made redundant, without any redundancy payment.

    The main differences in the contract to what we currently do are:

    1. Not guaranteeing hours. "Our position is subject to them having sufficient sales." (We have been working Mon to Fri, from 08.00 to 15.00 for several years now.)

    2. Shift work, we can be rostered at anytime, day or night, 7 days a week. (We have been working Mon to Fri, from 08.00 to 15.00 for several years now.)

    3. Working in a different department in the company when needed.
    (The job in these departments, would involve completely different work.)

    Our employer has said there will be no negotiating the terms of the offered contract.

    My question is, if we were to refuse to sign the new contract and be made redundant, would we not be entitled to a redundancy payment?
    You can only be made redundant if the job is abolished. The company can not legally make some one redundant and them fill the same role or a very similar one, I'm not sure if a change in hours is allowed be used to make some one redundant.

    In the case it's not , then you are being fired and redundancy is not relevant but perhaps then you'll have a case for unfair dismissal


  • #3
    clevtrev
    Registered Users Posts: 629 ✭✭✭clevtrev


    Company cant force you to accept a new contract with new terms without your agreement.

    If company says that it will end your employment if you do not sign then you are entitled to statutory redundancy and you would have a very good case for unfair dismissal at the labour court. It is a very aggressive negotiating approach adopted by your employer which is not acceptable even in these hard times.

    If company refuses to pay redundancy you can claim it back from the state - it might take a year or more to get it but you will get it


  • #4
    LegacyUser
    Registered Users Posts: 166,026 ✭✭✭✭LegacyUser


    RedundancyQ wrote: »
    Hi,

    This is a question regarding disentitlement to redundancy payment for refusal to accept alternative employment.

    Our employer has recently given a few employees, including myself, new contracts to sign.
    We were told if we do not sign them we will be made redundant, without any redundancy payment.

    The main differences in the contract to what we currently do are:

    1. Not guaranteeing hours. "Our position is subject to them having sufficient sales." (We have been working Mon to Fri, from 08.00 to 15.00 for several years now.)

    2. Shift work, we can be rostered at anytime, day or night, 7 days a week. (We have been working Mon to Fri, from 08.00 to 15.00 for several years now.)

    3. Working in a different department in the company when needed.
    (The job in these departments, would involve completely different work.)

    Our employer has said there will be no negotiating the terms of the offered contract.

    My question is, if we were to refuse to sign the new contract and be made redundant, would we not be entitled to a redundancy payment?

    All above seems legal. Another reasonable job offer that is declined could result in you not being entitled to a redundancy payment. "Reasonable" offers are defined as offers that do not worsen your current status, i.e. worsening of your hours, salary, or job title/status. So from what you say, the offers presented to you sound non reasonable, so the fore fit of a payment shouldnt apply.


  • #5
    stevenmu
    Moderators, Society & Culture Moderators Posts: 9,689 Mod ✭✭✭✭stevenmu


    Tbh I'd suggest that you should get proper legal advice. There's a decent chance that your employer has, and they think they can make it work, so I wouldn't base what could be a big life changing decision on advice from the internet.

    It's possible for e.g. that item 3 you mentioned above would be enough for the company to claim that your current position is no gone and that the one in your new contract is a totally different position, thus enabling them to make you redundant.

    You really need to have someone with proper legal knowledge evaluate the details fully.


  • #6
    Eoin
    Moderators, Category Moderators, Motoring & Transport Moderators Posts: 21,238 CMod ✭✭✭✭Eoin


    threads merged, please don't post the same thread in multiple forums.


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