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Class D PRSI in public sector but being made redundant

  • 18-08-2010 10:29am
    #1
    TechnoTina
    Closed Accounts Posts: 3 ✭


    Partner works in public sector, has done for almost 20 years, is on Class D PRSI but being made redundant - have just found out he is not entitled to social welfare cos of PRSI Class - apparently you are not supposed to be made redundant if you're on class D so you wouldn't need social welfare! Anyone know of similar case/s? Any steer appreciated! and tell your class D friends in public sector.


Comments

  • #2
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Very strange. Not to cast any doubt over why they are being let go, but my understanding is that if they are class D, they can only be let go for certain reasons. These reasons are normally for criminal activity, treason, and under the Offences Against the State Act.

    I would suggest that your husband contacts your union rep immediately, seeking their help and support.

    Without further information, I don't think you will get more help or advice than that here.


  • #3
    TechnoTina
    Closed Accounts Posts: 3 ✭TechnoTina


    Thanks Clauric, Can't give too many details - get your point but none of the above apply :-) don't want to be identified, but he is on contract for many years and so non-unionised, put on Class D when Employment Act 2003 kicked in, agree it's all mad - NERA etc have no idea what to say - never come across it either - just hope you or someone else out there can shed some light. Again thanks but nothing as exciting as you suggest has ever happened!


  • #4
    Clauric
    Registered Users, Registered Users 2 Posts: 610 ✭✭✭Clauric


    Had a think about the situation. I would advise NERA, or an employment law solicitor.

    With regard to the contract, an employee is considered a permanent employee if they are on contracts for more than 4 years. Further, if they are PRSI Class D, then they shouldn't have been on contract. Similarily, if they were on contract, then they shouldn't have been on Class D, as this is/was reserved for fulltime, unemployable, non-civil service public servants, such as teachers, gardai, nurses, semi-state employees, etc.

    If you would like further help regarding this, please PM me, and I will try and offer any help I can.


  • #5
    TechnoTina
    Closed Accounts Posts: 3 ✭TechnoTina


    'They' say that the fixed-term contract says he can be made redundant despite class D. He was put on class D several years ago when put on the old-style civil service pension as parity with permanent staff. He's now with a solicitor ready to take a case under the 2003 act so he knows a fair bit about this stuff - it's the Class D / civil servant issue we can't track down. No cases out there so hoping someone has come across this......


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