Work related problem

LegacyUser

I've been in the same employment now for 2 years and I've been planning to leave it for some time. Its not that its a bad place to work or anything its just that Ive struggled to settle where I am and after 2 years I feel enough is enough and change is needed. At 24 years of age I have not met new friends as everyone I work with is at least 12 to 15 years older and have different interests and are at different parts of their lives. Also, although I am house sharing with 3 others I rarely see them and usually have too much time left to myself, and also Im not mad about the work I have doing for the past 2 years so hence the desire for change.

I have decided to make a return to college (which will be a challenge in itself) and got offered a place in September and was looking to finish up by the end of July and have a break (which I so badly need) as I have not taken much holidays over the past 2 years and get motivated for college.

However the catch now is; My contract with work is due to finish at the end of September. I dont know if I were to stay if it would be extended however the indications are that I will be let off though nothing is for certain yet. If I am let off I will be entitled to redundancy which from what I have been told is a very generous package which I would not like to miss out on. I'd be mad not to take it.

So the question is what do I do? My course starts 2 weeks before my contract ends. I am struggling to stay there at the moment but do I stick it out to see if I am let off? Do I say something to management? and if I do what would I say to them? If I leave on my own accord as far as I know I waive all my entitlements

After staying for 2 miserable years there it would be nice to get the redundancy (if im let off) and would help greatly to financing my course in college. One things for certain, I am not accepting another contract as I know I have to move on for my own sake.

Please help and give advice as to whats the best thing to do.

Thanks

fits

Make sure you are eligible and familiarise yourself with notice periods etc. Statutory redundancy is two weeks wages for every year worked.
http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/

murria

You would have to work for 2 years to be entitled to redundancy. The statutory payment is 2 weeks pay for every year worked plus a bonus week, the ceiling for earnings is €600 per week. So you can work out yourself how much you would get, basically 5 weeks pay.

Is there a manager you find friendly or more sympathetic? you could casually ask what are the chances of you being kept on. They might be looking to downsize the staff and not be aware that you would be interested in redundancy. This happened to me and the boss thought he was doing me a favour by keeping me on, when I plucked the courage to speak about it he was very happy to oblige.

At the end of the day your happiness is the most important thing. I know the money would be a big help but it would be a shame to stay in a miserable job on the off chance of a few bob. If you don't ask them you'll never know and you plan on leaving anyway.

Good luck with your decision, sometimes things work themselves out.

Zen65

Advice needed wrote: »

However the catch now is; My contract with work is due to finish at the end of September. I dont know if I were to stay if it would be extended however the indications are that I will be let off though nothing is for certain yet. If I am let off I will be entitled to redundancy which from what I have been told is a very generous package which I would not like to miss out on. I'd be mad not to take it.

So the question is what do I do?

I'm not an expert on employment law, but if you're on a fixed term contract which ends in September then you are not entitled to redundancy if your employer opts to let the contract expire.

Redundancy applies only if the contract is terminated before it is due and if you have been in employment for at least two years.

Ask your HR department discreetly to confirm this.

Good luck in your career,

Z

fits

Zen65 wrote: »

I'm not an expert on employment law, but if you're on a fixed term contract which ends in September then you are not entitled to redundancy if your employer opts to let the contract expire.


Z

You are not correct although it is a common misconception.

OP may be entitled to redundancy under the fixed term workers act which is supposed to give those working on fixed term contracts broadly the same rights as those on permanent contracts.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html

Guffy

Honestly it depends how much money you have put away. You will need money for college so it definitely would come in handy. You are going to run through whatever savings you have so you just have to decide if you have enough to get you through. I know that some jobs are just depressing. Maybe, if you have holidays built up you could just take them? A week maybe two to recharge your batteries. If you can't get them on short notice you could always do the Irish thing and Fein illness.

Zen65

fits wrote: »

You are not correct although it is a common misconception.

OP may be entitled to redundancy under the fixed term workers act which is supposed to give those working on fixed term contracts broadly the same rights as those on permanent contracts.

http://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html

Thanks fits, I've read that website but cannot find any example of a person being entitled to redundancy when their fixed term contract expires. Redundancy would apply to somebody on a FTC if their job was lost due to company closure or a decision to reduce staffing numbers.

Can you cite a case where redundancy applies on completion of a FTC?

We don't know for sure that OP is on a fixed term contract (it may be a specific purpose contract) but he knows the end date with certainty which suggests that it's an FTC. I've assumed that the employer has used a correctly-worded FTC which avoids any possibility of a wrongful dismissal claim being taken.

Z

fits

Zen65 wrote: »

Thanks fits, I've read that website but cannot find any example of a person being entitled to redundancy when their fixed term contract expires. Redundancy would apply to somebody on a FTC if their job was lost due to company closure or a decision to reduce staffing numbers.

Can you cite a case where redundancy applies on completion of a FTC?

We don't know for sure that OP is on a fixed term contract (it may be a specific purpose contract) but he knows the end date with certainty which suggests that it's an FTC. I've assumed that the employer has used a correctly-worded FTC which avoids any possibility of a wrongful dismissal claim being taken.

Z

It shouldnt make a difference whether the contract is fixed term or specified purpose as long as the person is employed for 104 weeks continuously.

Heres an example where the high court found that this person was not only entitled to statutory redundancy but also an ex gratia payment.
http://www.rte.ie/news/2012/0217/312518-bushinn/

There is plenty of information online.

Here is another example from TCD website. http://www.trsa.tcd.ie/information/indefinite-duration-and-redundancy

Where a redundancy situation arises, any employee with at least 2 years' continuous service with the employer is entitled to a redundancy payment. This applies whether the employee is employed on a fixed term contract or a contract of indefinite duration; the Redundancy Payments Act 1967, Section 9(1)(b) explicitly states that where a fixed term contract expires and is not renewed, a redundancy situation arises. Therefore the issuing of a contract of indefinite duration for a researcher does not give the researcher any right to redundancy that they would not already have held as a fixed term staff member.