redundancy reduced hours and worried

QuestionRedunda

I'm new to this forum so bare with me if some of my questions have been asked before.
Our employer took a few of us aside and said that ot was possible that they would reduce our hours.
There have been a series of issues involving management and staff, going back a while, and needless to say I am of the view that the current climate as they call it is just an excuse to get the knife out.
If the employer makes an employee redundant can the employee take a case against the employer, and prove that the employer has in fact being acting the maggot for a while?
Is the recession just an excuse for employers to do a bit of bloodletting?
Also, in terms of reducing an employees hours, how legal is this?
Obviously if an employee is made redundant there must be some sort of process where legally the employee can catch the employer out, but if hours are reduced have employees got the same rights?
My problem is I suspect that the employer is just using the recession as an excuse to get rid of a few people who they just dont get on with, nothing to do with their performance or ability..
Curious to know how other peoples hours have been reduced...I've learned of one firm where a few days before the employee hit the 12 month mark they were knifed...
Is this sort of thing going on all over the place?
We have no union working for us.

Nody

QuestionRedunda wrote: »

I'm new to this forum so bare with me if some of my questions have been asked before.
Our employer took a few of us aside and said that ot was possible that they would reduce our hours.
There have been a series of issues involving management and staff, going back a while, and needless to say I am of the view that the current climate as they call it is just an excuse to get the knife out.
If the employer makes an employee redundant can the employee take a case against the employer, and prove that the employer has in fact being acting the maggot for a while?

That means what exactly? The company can behave like a bunch of douchebag but that don't have to mean they break any rules.

Is the recession just an excuse for employers to do a bit of bloodletting?

Could be but usually they don't need to have an excuse such as recession if they want to fire someone.

Also, in terms of reducing an employees hours, how legal is this?

Depends on what your contract states.

Obviously if an employee is made redundant there must be some sort of process where legally the employee can catch the employer out, but if hours are reduced have employees got the same rights?

Read your contract.

My problem is I suspect that the employer is just using the recession as an excuse to get rid of a few people who they just dont get on with, nothing to do with their performance or ability..

As long as they don't hire someone else to do the exact same job they are in the free to do so (there is a reason why companies tend to reorganise and rename positions with slightly different names after all).

Is this sort of thing going on all over the place?

I recall IBM used to give people a 12 month contract before they where put on a permanent contract. Back in 2004 or 05 they told the people three days before Christmas that their contracts would not be turned into permanent positions (they where due on 1st of January) so nothing new there.

gerrycollins

reducing hours is perfectly legal so long as its in line with what your contract says, some might have minimum hours they have to give you and also have a section about lay off's or reduced hours based on economic conditions.

as for using the recession as an excuse for getting rid of people, that may be true but it would cast a very bad light on the management.

the only reason a person is made redundant is that their job role within the company is no longer needed and the job is not continued by someone else or their duties taken up by another. kinda hard to prove sometimes changing the job title is enough to get companies off the hook.

another is lay off. if the company is not capable of paying its way,like the pig producers, it can lay off or put on protective notice their employees but this is only done where there is a possibility of re-employment within a short period of time. for this time staff will not be paid.

as Nody said yes it is going on all over the place but its not rampant and its all legal. some places even fail to renew your contact but two weeks later call you back to start a "new" but because you were let go you are technically starting a new job so you start back on square one again.

vikingdub

Firstly, selection for redundancy must be fair and transparent, the only grounds for redundancy are:

Rationalisation, (Fewer people required to do the work etc.),
Re-organisation of business, (Fewer people required due to reduced product demand, Technological changes)
Liquidation, Receivership, Bankruptcy, Death of Employer, Insolvency, End of Contract, Sale of Business.

Other examples would include partial closing down of a company, a decrease in an employer’s requirements for workers of a particular kind and skills/qualifications or an employer’s requirements for fewer employees due to the recession.
Redundancy Payments legislation emphasizes the objective nature of redundancy as being work related by using the phrase redundancy “for one or more reasons not related to the employee concerned”.
You cannot be selected because your manager does not like you and while it may be possible to take performance into consideration when deciding between two people who do the same job and one has to go, if performance is taken in isolation, then it is not a redundancy and you could take a case under the Unfair Dismissals legislation.

Paycuts and reduced working hours

An employer may not unilaterally change (for the worse) your terms and conditions of employment. Unless your contract explicitly states that the company can your reduce your salary and or/your working and/or any other reward or benefit, these cuts cannot be made without your consent. If you refuse to accept a reduction in any aspect of your contract and your employment is terminated you should seek relief under the Unfair Dismissals legislation.

Collective Redundancies and Consultation

If your employer has 20+ employees and is planning to make 5 or more redundant, he/she will have to comply with the requirements of the “Protection of Employment (Exceptional Collective Redundancies & Other Related Matters) Act 2007. This legislation requires the employer to consult with the employees’ representatives in advance of the redundancy notice being services. In a non-union workplace the employer must put in place a process to enable the workers to elect representatives and there must be a proper election mechanism. The consultation process cannot start until the representatives have been elected and must than last for 30 days. Notice must be sent to the Minister of Enterprise Trade and Employment 30 days prior to the effective date of the redundancies.

Redundancy Payments

In order to qualify for a redundancy payment you must have at least two years continuous service (104 weeks) and you must insurable per the Social Welfare Acts. Statutory redundancy is two weeks pay for every year of service, with a bonus week added on, subject to the prevailing maximum ceiling on gross weekly pay of €600.

Hope this has been of some assistance.

Have a look at the NERA website