Entitled to redundancy?

245

Hi,

A friend of mine worked for a company for roughly two years. This company has issued P45s to all its staff, terminating their contracts. A new company run by different people has taken over the lease of the premises and employed the staff on new contracts. Are the staff entitled to redundancy from their old employer?

scully74

245 wrote: »

Hi,

A friend of mine worked for a company for roughly two years. This company has issued P45s to all its staff, terminating their contracts. A new company run by different people has taken over the lease of the premises and employed the staff on new contracts. Are the staff entitled to redundancy from their old employer?

you need to be 104 weeks employed with same employer to get redundancy

larrykinney

Evening all...is there a 'statute of limitation' for when you can claim
redundancy payment? I had three and a half years unbroken service
with the same (public service) employer. I only recently became aware that one is entitled to redundancy if you worked for the same employer for 2 years. You would think my union would have informed me if I was entitled to anything, but they weren't much good so
I wouldn't mind that. I worked on a series of fixed term contracts from
mid 2001 'til the end of 2004 so it's over 4 years since I was let go.
Can anyone advise me? Thanks in advance...

larrykinney

Bump...

So...any advice?

Sleipnir

Fixed term contracts are trickier but broadly speaking you're entitled to the same protection as employees on open-ended contracts.

"An employee who has worked continuously for at least 104 weeks under a fixed-term or specified purpose contract may qualify for a redundancy payment when the contract ends."

Let's say you worked for the same company for a total of 120 weeks which was split into 4 separate fixed term contracts of 30 weeks, but that there was no break between the contracts. You would be covered for redundancy (as far as I can tell)

Read this.

http://www.citizensinformation.ie/categories/employment/employment-rights-and-conditions/contracts-of-employment/fixed-term-or-specified-purpose-contracts

04KY

Sleipnir wrote: »

"An employee who has worked continuously for at least 104 weeks under a fixed-term or specified purpose contract may qualify for a redundancy payment when the contract ends."

Ok Sorry, I don't want to hijack a thread! But I'm being let go at the end of the week, I have worked continuously for 102 weeks, I take it I'm not entitled to any redundancy payment?

Sleipnir

04KY wrote: »

Ok Sorry, I don't want to hijack a thread! But I'm being let go at the end of the week, I have worked continuously for 102 weeks, I take it I'm not entitled to any redundancy payment?

Probably not mate.
Again though, have a read of this to see if there are any loopholes.

http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/redundancy/redundancy

and this

http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/redundancy/redundancy-payments

Newaglish

@245
Yes, they are technically entitled to redundancy if they have been employed for over two years. They can also choose to take a "transfer of undertaking" if the role etc. is staying the same. This means that they retain their original start date for the purposes of any future redundancy, and also maintains others protections a 2+ year employee would have (minimum notice, unfair dismissals etc.)

@larrykinney
Yes there is, as far as I know it's 18 months and it's unlikely you would still be able to claim a redundancy payment from them. Your best bet is to call the Department of Enterprise, Trade and Employment and ask to speak to the Redundancy Payments section - they will know straight away.

@ok4y
Short answer is no. Two more weeks and you would be entitled to 5 weeks redundancy plus 2 weeks' minimum notice.

larrykinney

Thanks for the link, Sleipnir, but like I said, it's over 4 years since I was let go. Who should I contact about my entitlements? I certainly won't be asking my old union 'cos they were useless and failed miserably to protect my interests. It was my first full time job and I was only 21 when I started and knew nothing about my rights. I was jerked around with temporary contracts for 3 and a half years and never complained 'cos I didn't know any better. I learned last year that the union took a case to the Rights Commissioner on behalf of some of my colleagues who were on fixed term contracts like myself but I wasn't included. These people were all reinstated. I contacted a solicitor who wrote to the union to ask why and I was basicly told to hop off, you're no longer a member of this union. This Solicitor dosen't seem to bothered with my case so if anyone can recommend someone good who speciaises in employment law, that would be handy. Thanks.