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not getting redundancy

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  • 04-12-2012 12:46am
    #1
    elainerut
    Registered Users Posts: 59 ✭✭


    my hubby was laid off in april of this yr, he received no payment at all. i claimed for him under me in social welfare along with our 3 kids. his boss sent off all the relevant doc's sayin that he could't afford the redundancy payments. his boss got a call last week to say that the payments were authorised, my hubby got his letter today statin that he does not qualify as he was not in insurable employment. 2 other redundant co worker got their letter stating they r gettin their money.

    my hubby was given a 5% share of the company but remained an employee.......or so we thought, it has come to light that he was paying the self employed rate of tax the whole 10 ish yrs that he has been working for the company. his boss left all the financials to the company accountant as he doesn't understand anything about tax (i know this as i too used to work for same company).
    where do we go from here.....as u can prob work out it would b a good wack of dosh which we could really be doing with in our hands......

    any helpful advice welcome


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    #2
    Itchianus
    Registered Users Posts: 230 ✭✭Itchianus


    Ouch that's a scaldy one, and probably gonna be messy to get resolved.

    First thing's first he needs to appeal if there's any appeal procedure referred to in the letter. Otherwise get straight onto the Dept of Enterprise office to find out what the procedure is.

    Essentially, what has happened here is that the records do not show him as having been in insurable employment because of an error on the part of the employer/his accountant. Your husband can't be held accountable for that.

    As an employee (presumably not a company director) with less than 15% of the shares in the company, he would almost certainly have to be classed as an ordinary A class insurable employee. The fact that his employer didn't do so doesn't alter that fact. It is up to the Department of Social Protection / Revenue to pursue the employer for the employer's PRSI underpaid if they so wish, but no doubt they'd be flogging a dead horse.


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