redundancy problem

tinytank

hi,
i have been told that the business i work in is closing down in 3 weeks time. i know that i am probably entitled to redundancy as i have been working there continuously for the past 3.5 years.
my problem is that i am the only employee, its just been myself and my boss and we have a very good friendship, how ever i know she is not in a situation to pay redundancy as she is in massive debt to revenue/ other creditors.
some one said to me yesterday that the government pay statutory redundancy from social insurance fund and i have looked this up on social welfare website.
i want to know if i apply for statutory redundancy from the social fund will my boss have to pay back what i claimed to revenue or social welfare or is it just taken from fund because i have paid prsi and left at that.
she genuinely cant afford to pay me, i don't want to put her into more debt with revenue but its 2000 euro that will pay my mortgage while i look for other work. any advice would be appreciated.

Ray Palmer

tinytank wrote: »

hi,
i have been told that the business i work in is closing down in 3 weeks time. i know that i am probably entitled to redundancy as i have been working there continuously for the past 3.5 years.
my problem is that i am the only employee, its just been myself and my boss and we have a very good friendship, how ever i know she is not in a situation to pay redundancy as she is in massive debt to revenue/ other creditors.
some one said to me yesterday that the government pay statutory redundancy from social insurance fund and i have looked this up on social welfare website.
i want to know if i apply for statutory redundancy from the social fund will my boss have to pay back what i claimed to revenue or social welfare or is it just taken from fund because i have paid prsi and left at that.
she genuinely cant afford to pay me, i don't want to put her into more debt with revenue but its 2000 euro that will pay my mortgage while i look for other work. any advice would be appreciated.

Your boss was obliged to keep money aside for you if they made you redundant. By not doing so they have another debit. That is not your fault or responsibility . If you think it is better other people pay for this failing I think you will see others think that is unfair. If you think you should pay by not getting it you are crazy.

Bigcheeze

It is your employer's responsibility to pay for any notice, holiday pay and statutory redundancy due.

If your employer is not in a position to pay you the statutory redundancy e.g. because the company is in liquidation, yes the statutory redundancy will be paid out of the social insurance fund by the state. The statutory redundancy is tax free. It will probably take several weeks to claim.

However, the state will not pay anything for unpaid salary, holiday pay etc.
So if there's only a limited amount of cash available to pay you, make sure it's going towards your pay due before redundancy.

greengold9999

If you do make a successful claim from the insurance fund for your redundancy your employer will become a creditor to the fund.

If your employer is insolvent as opposed to just ceasing to trade, you can make a limited claim for holidays, notice etc