Redundancy payments

AstonMartin

I cant see a more suitable place to post this.

The HSE in an attempt to curb expenditure is forcing carers to retire at 65 and sub contracting the vacant positions.

They are bringing in the carers to the area managers office and forcing them to retire.

They are being strongly influenced in this meeting to sign a contract on the spot where they agree to retire.

They are shipped out the door with no mention of redundancy payments.

The union wont give the carers any information. There sole action to this point has been to call a meeting which nobody from the HSE attended while continueing to schedule meetings with the 65+ year old carers.

Can the HSE force retirement?
What impact has this on redundancy payments?
what is the appropiate legislation dealing with this?

AstonMartin

Also an unfortanate result of this is that the elderly in the country who need assistance end up with cheap carers rather than experienced carers.

ianuss

You're still covered by the Redundancy Payment Act 1967 up to the age of 66 as far as I know. Beyond that I wouldn't like to offer any advice other than perhaps seek a legal opinion.

Having previously worked in the HSE I empathise with you as I know first hand how utterly useless the unions are.

AstonMartin

ianuss wrote: »

You're still covered by the Redundancy Payment Act 1967 up to the age of 66 as far as I know. Beyond that I wouldn't like to offer any advice other than perhaps seek a legal opinion.

So people 66 and above lose their right to any redundancy they have built up?

ianuss

Sorry, after further reading the age limit of 66 ceased in May 2007. Here is some basic info on redundancy.

What is Redundancy?
Where you lose your job due to circumstances such as the company you work for closing down or cutting back the number of staff employed this is known as redundancy. The key element is that your job ceases and no one else does it. Lack of work,financial difficulties, reorganisation within the business or group, ceasing to trade may be one of the reasons for redundancy.

The Redundancy Payments Acts 1967-2007 set out the entitlement to a minimum redundancy payment for employees who have a set period of service with the employer. Not all employees qualify for this statutory redundancy payment, even where a redundancy situation exists. If you do qualify for redundancy there are specific redundancy steps which both parties must follow.

Dismissal must have occurred

A termination of your employment, with or without notice , is necessary to prove dismissal. Even if you are employed for a fixed term or a fixed purpose there is a dismissal if that term expires or the purpose is fulfilled without being renewed under the same or a similar contract.

There will also be a dismissal if you have terminated your contract of employment in circumstances where, due to the behaviour of your employer, your action is considered justified. This is known as constructive dismissal.

How does an employer select an employee for redundancy?

Fair and reasonable are two important factors in selecting a candidate for redundancy.If you believe that you were not fairly selected for redundancy or consider that a genuine redundancy situation did not exist you should examine the possibility of making a claim. Examples of these situations might include where the custom and practice in your workplace has been last in, first out and your selection did not follow this procedure. Another example may be where your contract of employment sets out criteria for selection which were not subsequently followed.


In your case it doesn't appear that the roles are being made redundant, the employees are. Honestly, I would seek legal advice before I signed anything or commited to anything.

smcgiff

I was at a legal presentation a couple of years back re dismissals from the company's pov and the correct procedure etc.

Without going into specifics as I may not remember it correctly, the bottom line was that dismissing an employee is a bit of a nightmare if you don't get them to retire at retirement age.

muffinman11

Are the HSE going to bring in that early retirement scheme again? I am hoping it will be brought in again because i dont have many hours now and might get more if the older people in my section leave (which they want to do if it is brought in)

AstonMartin

Most of them in my experience dont want to leave.