Redundancy Question

Monokne

Hi all

I work for a company which has recently gone into receivership and been purchased by a competitor. Myself & the other admin staff have all received letters advising us that our jobs are at risk. This was about 3 weeks ago. We've received no communication since.

According to this http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy.html one must be in employment for 104 weeks before being entitled to redundancy, and the employer must give you at least 2 weeks notice.

I have been employed for exactly 100 weeks, so if we are laid off before November 12th, I believe that would mean I am entitled to the grand sum of €0.00, so I am naturally hoping we get another few weeks out of it. I am encouraged by the fact that we have heard nothing so far, but my query is does my new employer have to do any type of consultation process or series of meetings before they can lay us off, or can they literally just walk in, call a meeting, and give me my two weeks notice?

Also, I was working full time but moved to part time hours in February - I am assuming I would be paid off based on my part time hours, but some of the language on the citizens information website leads me to believe it may be based off full time. Any ideas?

An answer to those question or any other helpful info from anyone who knows/has gone through a similar scenario would be appreciated.

jos28

While I can't answer your questions directly I can give you details of my redundancy experience which might help.
I am being made redundant this week and received 6 weeks notice as instructed by the Dept Social Protection. My employer is still trading but declared inability to pay. I claimed statutory from Dept Social Protection along with a letter from accountants saying that the business was trading at a loss.
Dealing with the Dept was pain free and the money has already been lodged to my account. I would suggest giving them a call as they were very helpful.
Previous redundancies in the company were handled quite sneakingly in my opinion. Staff who were just short of the 104 weeks were let go without any payment. One of those particular staff took a claim through the Dept SP on the grounds that they were let go just before the redundancy entitlement kicked in. They were successful and were eventually paid redundancy.

http://www.welfare.ie/en/Pages/Redundancy-Payments.aspx#la82be

Bandana boy

My understanding is that the company does not legally have to enter a period of consultation ,but that no attempt would reflect poorly against them in any case brought against them.

Is it possible that the letter was an indication of entering a period of consultation ,and that this is ongoing with more senior members of staff or a union ?

I also understand that your latest standard weekly pay is what will be counted for redundancy.If this fluctuates they use an average over 52 weeks.

Was the reduced hours at your bequest or the Companies ?
If it occured at there request inside one year your standard weekly rate of pay for a full week will be used.

Monokne

Hi Bandana Boy

The reduced hours were at my behest so I'd imagine I'll only be entitled to pay based on reduced hours then.