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Put on 3 day week? can I ask for redundancy

  • 24-06-2009 12:52pm
    #1
    Shinners23
    Closed Accounts Posts: 265 ✭✭


    Hi All,

    My other thread was for my colleagues who were laid off.

    I on the other hand have been put on a 3 day week. I would like to go for redundancy but I don't think there is any 'money in the kity' . Where do I stand? Is it a legal obligation for the company to pay me the statutory redundancy?


Comments

  • #2
    Paulw
    Registered Users, Registered Users 2 Posts: 13,381 ✭✭✭✭Paulw


    Shinners23 wrote: »
    I on the other hand have been put on a 3 day week. I would like to go for redundancy but I don't think there is any 'money in the kity' . Where do I stand? Is it a legal obligation for the company to pay me the statutory redundancy?

    They don't have to offer you redundancy, as far as I know.

    You can always ask them if they will offer you redundancy, but they have no obligation to do so.


  • #3
    swoodruff
    Closed Accounts Posts: 2 ✭swoodruff


    Have a look at the RP9 Form on www.entemp.ie and see if it applies to you, if it does you can seek redundancy in lieu of the short-time, but your employer may not grant it. You can also phone NERA (National Employment Rights Authority) for more info or make an appointment in one of the Free Legal Aid Centres where they give free legal advice to the public, see www.flac.ie - there's a specific employment law clinic held in Dublin on Meath Street.
    Good luck.


  • #4
    dats_right
    Registered Users, Registered Users 2 Posts: 1,169 ✭✭✭dats_right


    OP,
    You will have read my advice in your previous post, and the bottom line here is that the rules and principles are the same. i.e. the 4 and 6 week periods of requesting redundancy equally apply to short-time. BUT short time has a very specific meaning and that is either your weekly earnings were reduced to less than half the normal weekly earnings or a reduction in the hours worked to less than half the normal weekly working hours. So working a 3 day week doesn't necessarily mean short-time for the purposes of becoming entitled to a redundancy though, unless of course it is less than half normal pay or hours.

    Now the matter is slightly more complicated because generally speaking at common law it is not possible to reduce employees hours or wages without the employees consent. The question therefore arises what if somebody doesn't consent? Well then in the absence of an express provision in their contract it is unlikely that they can be forced to accept either reduced pay or hours, and any effort by an employer to unilaterally impose such a cut on an employee could constitute sufficient grounds to bring a constructive dismissal claim.


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