Resignation / Redundancy

APMQS

Hi all
Looking for some advice. I am currently working for a company who is paying me by cash for last four weeks so therfore not on the books. They have given me a form to claim my redundancy saying that I am on a short term layoff since four weeks ago which I have filled out and am submitting today just over 4 weeks after getting the form. I have since been offered another job with another company which I want to take but at same time want to claim my redundancy. I am wondering does my current employer have any right to get any notice from me stating my intention to leave even do legally I have not been working there for last 4 weeks. Any help / advice would be greatly appreciated thanks

seamus

Once you have claimed your redundancy, your employment is deemed to have been terminated and therefore you do not need to give your previous employer notice.

That's how I understand it anyway.

Animord

edit: Sorry I reread your post and my answer doesn't make any sense! Sorry about that!




If you have given your employer back the form requesting that you are made redundant, your employer has seven days to either say ok or they can tell you that they will guarantee you full time work. If they say ok then you should be fine (if I am understanding your question properly)

From Citizens informtion website
Claiming redundancy

If a lay-off or a short-time situation exists and has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, you may give your employer a notice in writing of your intention to claim redundancy under the Redundancy Payments Acts 1967-2007 - see 'How to apply' below. You must do this no later than 4 weeks after the period of lay off or short time has ended.
Unless your employer gives you a counter-notice within 7 days of your notice, you may be entitled to a redundancy payment provided that you qualify for redundancy. If your employer gives you a counter-notice within the allotted time, it must be to the effect that within 4 weeks of the date of your claim for redundancy, it will be possible to offer you not less than 13 weeks work without lay off or short time.
You should note that if you claim redundancy in this way you are considered to have left your job voluntarily and therefore you will lose any right to notice from your employer under the Minimum Notice and Terms of Employment Acts 1973-2001. However if you have been laid off and you are subsequently made redundant by your employer you do not lose your notice entitlements.

Hope this helps.

murphym7

APMQS wrote: »

Hi all
Looking for some advice. I am currently working for a company who is paying me by cash for last four weeks so therfore not on the books. They have given me a form to claim my redundancy saying that I am on a short term layoff since four weeks ago which I have filled out and am submitting today just over 4 weeks after getting the form. I have since been offered another job with another company which I want to take but at same time want to claim my redundancy. I am wondering does my current employer have any right to get any notice from me stating my intention to leave even do legally I have not been working there for last 4 weeks. Any help / advice would be greatly appreciated thanks

You offically stopped working for them as per the form - 4 weeks ago. They have no right to notice, in fact they are breaking the law by paying you under the table. You have not worked for them for over 4 weeks, offically:rolleyes:

APMQS

You offically stopped working for them as per the form - 4 weeks ago. They have no right to notice, in fact they are breaking the law by paying you under the table. You have not worked for them for over 4 weeks, offically

Thats my thoughts also.I handed in form yesterday so plan is to say on monday next im leaving at end of week which give them one weeks notice out of courtesey. Hopefully by this time form hopefully has gone on the system for processing and they cant mess me round as really want to avoid this. Just wanted to make sure I was not caught legally in anyway. Thanks for advice:)

work solutions

You filed out an RP9 form whereby you are calling on your employer to make you redundant; which is in order (voluntary redundancy).

Your employer can serve you with a counter notice to say he has work for 13 weeks (which is moot).

Therefore, the contract of employment terminates on the expiration of 7 days from the service of the RP9.

Your employer will give you a redundancy certificate (RP50) and your lump sum.

Where the RP9 process is used there is no entitlement to notice and correspondingly no payment for notice as the employee has been deemed to resign.

You are a free agent from the 5th week of your employer placing you on "lay off"