Redundancy entitlement

The Minstrel

Having worked full-time for a company for over 2 years, I then moved to short-time. I believe this is referred to as "effective redundancy". In fact, I proposed working short-time to avoid being made redundant.

Recently, I've been covering for a colleague on maternity leave and will soon revert to short-time. My question is: am I entitled to redundancy if I decide to leave the company? That is, redundancy relating to my initial 2 years working with the company.

The Minstrel

The citizensinformation.ie website has the following information:

Duration of lay off or short time

If you do not wish to claim redundancy but the lay-off or short-time situation continues, the question arises as to whether it is a temporary situation. If it becomes apparent that it is no longer temporary then the situation is now a redundancy rather than a lay-off or short-time working. It is the employer who initially decides whether or not there is a redundancy situation. If there is a dispute about this it should be referred to the Employment Appeals Tribunal to make a decision.

- does anyone have any thoughts as to how this relates to above-mentioned predicament?

FreudianSlippers

Redundancy Payments Act, 1967

12.—(1) An employee shall not be entitled to redundancy payment by reason of having been laid of or kept on short-time unless he gives to his employer notice (in this Part referred to as a notice of intention to claim) in writing of his intention to claim redundancy payment in respect of lay-off or short-time.

(2) An employee who has given a notice of intention to claim shall not be entitled to redundancy payment in pursuance of that notice unless within a period of one month from the date of that notice, or, where the matter has been referred to the Appeals Tribunal, within one month from the date of notification to the employee of the Tribunal's decision, he duly terminates his contract of employment by giving the notice required by that contract or, if no notice is so required, by giving to his employer not less than one week's notice in writing of the employee's intention to terminate that contract, and, before the service of the notice of intention to claim, either—

( a ) he has been laid of or kept on short-time for four or more consecutive weeks of which the last before the service of the notice ended on the date of service thereof or ended not more than four weeks before that date, or

( b ) he has been laid off or kept on short-time for a series of six or more weeks (of which not more than three were consecutive) within a period of thirteen weeks, where the last week of the series before the service of the notice ended on the date of service thereof or ended not more than four weeks before that date.

The lay-off or short time must have lasted for four consecutive weeks or at least six weeks in a 13-week period. You must be making less than half of your usual weekly salary during this entire period to qualify as short time. After that, you have to give the notice of intention to claim redundancy within four weeks of the end of the requisite period.
Keep in mind that you are waiving any rights under Minimum Notice and Terms of Employment Acts 1973-2001, so don't be surprised if you get redundancy to be out of the job the next day.

You're going to need Form RP9