am i entitled to redundancy?

misty12

my boss informed me thursday that my job will be moved abroad within the next year. I have no interest in moving abroad. He said the company would try to find me another job in the same company and mentioned a job that may be coming up in another dept. Would i be entitled to redundancy in this case if i don't apply for this job in this other dept ? they are not giving much away in terms of my options, thanks for any advise.

castie

misty12 wrote: »

my boss informed me thursday that my job will be moved abroad within the next year. I have no interest in moving abroad. He said the company would try to find me another job in the same company and mentioned a job that may be coming up in another dept. Would i be entitled to redundancy in this case if i don't apply for this job in this other dept ? they are not giving much away in terms of my options, thanks for any advise.

If there is an offer of similar employment then no you would not be entitled.
If you have to apply for the job then I think you are still entitled.

Spunk84

misty12 wrote: »

my boss informed me thursday that my job will be moved abroad within the next year. I have no interest in moving abroad. He said the company would try to find me another job in the same company and mentioned a job that may be coming up in another dept. Would i be entitled to redundancy in this case if i don't apply for this job in this other dept ? they are not giving much away in terms of my options, thanks for any advise.

The company is covering themselves here, if they offer you any job even cleaning the toilets and you turn it down, then no your not entitled to redundcey at all. To get around it take their job offer say for example cleaning toilets and maximum 2 weeks inform them that job is not comparable to the last job and to find you another that's if you want the redundcey that is. I'd be very careful up until your job is gone as they might try to get rid of you instead of paying anything!

ABajaninCork

I thought that any job offer has to be comparable. If it is not, then redundancy could be considered.

So in other words, if you were an office manager for example, then you cannot be offered a job as a cleaner. But you could be offered a job as senior admin or an administrator.

I'd check this out if I were you. Cover your bases.

Eoin

From this page

Alternative work
As with any dismissal, an employer must act reasonably when dismissing an employee in a redundancy situation. This requires prior consultation with you before the decision is made. In addition, your employer should consider all options including possible alternatives.

If your employer makes you a reasonable offer of alternative work, and you refuse it, you may lose your entitlement to a redundancy payment. Generally speaking, alternatives which involve a loss of status or worsening of the terms and conditions of your employment would not be considered reasonable. Similarly, you may be justified in refusing an offer that involves you travelling an unreasonable distance to work.

You may take up an alternative on trial for up to 4 weeks. Where the alternative involves a reduction of 50% or more in hours or pay, working under the new arrangements for up to 52 weeks will not count as an acceptance.

If you accept a new contract or re-engagement with immediate effect and the terms do not differ from those of the previous contract, you will not be entitled to claim redundancy. This also applies if you refuse such an offer unreasonably.

If you accept an offer in writing from your employer for a new and different contract which will take effect within 4 weeks of the ending of the previous contract, you will not be entitled to claim redundancy. Equally, if you refuse such an offer unreasonably, you will lose your right to a redundancy payment.

Your justifiable refusal of an offer of alternative work, followed by dismissal, may, depending on the circumstances, entitle you to seek statutory redundancy or make a claim for unfair dismissal.

Any offer of alternative work should be given to you in writing and you are entitled to full information concerning the details of the offer.

allibastor

yeah, the job has to be in a similar manner as the one you are leaving. they need to be able to prove also that efforts have been made to train you into this job or give you help in adjusting. the distance factor does not come in though, if they offer you a job but it is a distance away they may be able to get out of paying you redundency.

as said above be careful though at work as many places will try and get rid of you before the job closure is official as it is cheaper.

DiamondDave88

did you get a employment contract when you started your job? if your contract doesn't state the possibility of working abroad then you may be entilted to redundancy as it is a change to your terms and conditions of employment, and if you didn't get a contract it would be deemed as a change to your terms of employment . you should contact NERA http://www.employmentrights.ie/en/