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statutory redundancy v voluntary reduncancy who decides?

  • 24-02-2010 9:03pm
    #1
    Straycat
    Registered Users, Registered Users 2 Posts: 311 ✭✭


    our company is unable to pay our current rate of pay, so basically we were first told to take a 38% pay cut, i refused to do this, so was offered to change my working hours & conditions,

    the employer agreed to do this (they told me they did not want to pay the redundancy) but before the changes kicked in a huge argument happened causing them to say we should go with redundancy after all and gave me two weeks verbal notice, i printed off the forms RP50, they havnt given me a copy of it filled in, should i insist on this?

    now im wondering is this statutory or will they think this is voluntary? i know i agreed to redundancy but i dont want it to be volunary as i would not be able to claim jb for nine weeks?


Comments

  • #2
    Nehaxak
    Closed Accounts Posts: 2,717 ✭✭✭Nehaxak


    Yes they should give you an RP50 form but it's normally done nearer the final date, make sure you get your P45 also. Either way though yes, they must give you an RP50 form so make sure you do get it before you leave, do not accept them saying they'll post it out to you afterwards or some such rubbish, they need to give it to you before you leave.

    In regards Voluntary or Compulsory (Statutory is just that which you are entitled too from the state regardless of your employer deciding to a give you a couple weeks extra per year worked etc., I'm not an expert at all but I think that's more or less correct) there is no 9 week wait for JSB, the only wait is in regards how long it takes them to process your application but it will be back dated to the day you applied regardless.
    The next following business day you're made redundant (or take voluntary) get all your stuff together and get yourself down the social and make an application with them. Your redundancy should tie you over for hopefully not too long while you're waiting for JSB to come through.

    If there's a union at all in your workplace, ask them for advice to make sure you're getting all you're entitled too from your employer, including to make sure your pension (if any) is sorted out with you before you leave.

    A lot of employers would provide some guidance/help from external financial advisors/consultants (kpmg or similar) to walk you through the options you have in regards your redundancy as your final redundancy payment can be made up of the statutory + additionals from employer or the former + additional part cash-in from any pension you have with your employer. Both payment options can usually come out at the same amount but sometimes one will be more than the other and you might have a choice to make as to which of the options to take.

    Make sure you fully understand whatever options are provided to you regardless and that full and final redundancy payment is clearly explained to you. Hopefully they'll provide a better redundancy additional than that offered by just the state statutory redundancy, as it's pretty woeful to have to just rely on the statutory package.


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