Redundancy rights ?

gremha

Hi,

Posting this on behalf of a friend who was told today that they're being made redundant.

They've been told that the position is being made redundant, so they & two others are out the door. 4.5 years continuous employment. I think they're just getting statutory payment.

I've been looking online for information for them but it seems quite confusing. It would be great if someone could clarify the following so I can pass the information on, quoting relevant sources where necessary.

• What are their rights in this situation?
• Are they allowed to leave immediately with payment up to the end of the month ?
• Are they allowed to sign on immediately (as in tomorrow), as it's likely that it will take up to ten weeks to process a SW claim?
• Do they get paid their redundancy immediately?

gerrycollins

Assuming their redundancy is legit their rights are as you have said in terms of statutory payments,if there is a union they might get them more. What other rights would you be asking about?

Their leaving immediately would be a matter between them and their employer. What notice have they recieved. Ie. if they were told that the redundancy would be 6 months away then obviously then early leaving would be out of the question(there is another question to be asked here) however if they were told it would be at the end of the month then maybe they would have a case to ask however i woudl stick it out see below.

yes they can sign on the day after their last working day. If they do leave early but get paid till the end of the month for example they cannot sign on until after their last paid day as this would be reflected on their p45 which has to be produced for the social welfare.

If the company is solvent then they should get their payments within a reasonable timeframe probably within the following pay period. The employer is entitled to a proportion of a refund against any redundancy paid out however this has no bearing or time delay on the payment to the former employee and if the company uses this excuse its bull. The only reason a redundancy payment would be delayed would be down to the company been insolvent and relying on the Department of enterprise trade and innovation to cought up the money to pay the staff.

The above question I asked was to do with redundancy been 6 months away or any long time delay. This is a slight ploy by certain employers where staff due top be laid off go job hunting and if suscessful leave before been laid off thus not been entitled to any redundancy.

gremha

Thanks Gerry, Have forwarded on your information. He's going to push for Gardening Leave of a couple of months