Is He Entitled To Redundancy???

ninibutts

Hi there, I was wondering could anybody shed some light on this topic...

My partner has been working as a builders labourer for a subcontractor for the past 8 yrs, lately his boss has been mentioning that he will "have to leave a few lads go" due to lack of work in the construction industry. The employer has let 5 other emplyees go, due to the same reason already and has told my partner to expect the same.

We were wondering is my partner entitled to statutory redundancy if he was to be "let go".....and also how we would go about doing this!!!!

Please reply to this on a serious note, as we have been left in the dark by many people!! Thank you!:)

sdanseo

If he's been working there 8 years and is told he's being 'let go' then of course he should be entitled to redundancy.

http://www.employmentrights.ie/en/informationforemployees/redundancy/

And for what it's worth - too many smileys spoil the broth

faceman

Is your partner considered to be self employed or is he a direct employee of the company? If he is a direct employee then yes if the employer wants to let people go then redundancy is the only option.

However if he is considered self employed then he is not entitled to redundancy

ninibutts

yes he is a direct emplyee...however, his boss has been questioned by other employees about redundancy and the boss claims that he doesnt have to pay them anything!! It seems the boss thinks his employees are a bit simple and they wont go about checking wether they are entitled to it or not!!! What steps should my partner take if the boss carries on denying the facts!!

(sorry bout the smilies, only new to this, so bare with me a while!!)

faceman

A solicitor

samo

You can call the Department of Trade and Enterprise and if he refuses to pay redundancy, your partner can claim it directly from them and I believe they can levy a fine if the employer doesnt meet redundancy obligations (I could be wrong on that part but the website is very helpful and they have a local advice line also... www.entemp.ie)

Basically if he has been paying PRSI which he would as a direct employee, the employer is entitled to a rebate of 60% of the redundancy cost anyway(statutory redundancy for anyone in employment for 2 consecutive years is 2 weeks per year pro rata plus one additional week) so I cant see any reason why he wouldnt be entitled to it from what you've said.

Good luck, my other half went through this about 3 years ago and looks to be the same thing again in the next few weeks, not an easy time but hopefully you'll get whats owed.

ninibutts

Well, thanks for the info guys!!
Going to try phone Department of Trade and Enterprise and see where we go from there, so fingers crossed, all goes well!
With all this work im doing, maybe my partner will bring me on a lil holiday hehe!! :cool: