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redundancy and c45 issue

  • 03-07-2008 7:19pm
    #1
    sodslaw
    Registered Users, Registered Users 2 Posts: 30 ✭


    hi everyone
    firstly this is one great site, very informative!

    i have just been made redundant from my plumbing job and i have a couple of issues that i need to get sorted out so i hope someone on here has been through similar.
    i am working with the same company now for 12 years, the thing is for the first 5 years my employeer paid me via c45 (to avoid sick and holiday pay) which was fine at the time. then the tax office got onto him in and said if i was an employee he had to put me on the books which he did. now my redundancy has come up he is putting my redundancy as far back as when i went on the books and no further. i was onto scope and they said it should go all the way back as i was never really a sub contractor because i was working directly for him his hours, hourly pay, his supplies, booking jolidays/time off, travel allowance and everything else that happens when you are directly employed.
    i have been onto a few different departments and some say i am entitled and others say no. i just dont know what to do next and even entemp are not entirely sure what the case is. is there anyone out there who has a definitive answer to this one as its driving me mad and do i have to go down the tribunal route now.
    any help would be greatly appreciated in this matter guys
    thanks
    steve


Comments

  • #2
    sodslaw
    Registered Users, Registered Users 2 Posts: 30 ✭sodslaw


    hi guys
    has nobody any idea on what the story is with this, or anyone ever been through similar!
    cheers
    steve


  • #3
    cute_cow
    Registered Users, Registered Users 2 Posts: 636 ✭✭✭cute_cow


    sodslaw wrote: »
    hi guys
    has nobody any idea on what the story is with this, or anyone ever been through similar!
    cheers
    steve

    I don't know what to tell you. Its a horrible situation to be in however, it may be worth to contact the Citizens Information, however if your talking about 5 years, it might be wise to get a solicitor to look into it.

    Sorry I couldn't be more help.


  • #4
    keithm1
    Registered Users, Registered Users 2 Posts: 167 ✭✭keithm1


    your not entitled to anything while you were self employed


  • #5
    Mr. Incognito
    Registered Users, Registered Users 2 Posts: 9,798 ✭✭✭Mr. Incognito


    This is one of the problems of being off the books.

    You were a willing accomplice in that deceit the first few years, i.e you were happy to go off the books.

    Unfortunately you may be held to that now. You WERE an employee all this time and should be entitled to redundancy going back the full amount of years but I do not find it surprising that someone who is dodgy enough to have you off the books first day is now refusing to gve you ample redundancy.

    You're going to have to fight your employer on this. Contact your union rep if you have one and if you do not try SIPTU.


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