Statutory Redundancy

gar44

Hi Guys,

I have just been given three months notice of my redundancy, I have been with my company for just under six years. I am new to the process and was wondering if people who have experienced it could offer some advice. I am unsure how I claim redundancy, is it via the company or the government or both? Also is there anything I need to do or that I should be aware of.

jimmycrackcorm

Have you been told the terms, hr should be able to provide you with a figure.

TommyTheGun

I'm new to this statutory redundancy too. I've been working contract for over three years which will end soon, and i'm assuming i'll be entitled to statutory redundancy if i was to see out the contract. HR are very slow at answering anything.

the job i have been doing is being filled internally by a permanent employee. Is there a prospect that i could still be entitled to statutory redundancy if i'm offered a position elsewhere and give my notice period?. was hoping to get the job permanent and will be taking a significant pay loss regardless, and being honest, receiving the statutory redundancy was the least i was hoping for for the effort I've put in over the years

Thanks,
Tom

professore

They have to pay you statutory redundancy if you are entitled to it. Generally an SME won't give you a cent more than this. See here for more info:http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/redundancy_payments.html#l1f4da

weisses

TommyTheGun wrote: »

I'm new to this statutory redundancy too. I've been working contract for over three years which will end soon, and i'm assuming i'll be entitled to statutory redundancy if i was to see out the contract. HR are very slow at answering anything.

the job i have been doing is being filled internally by a permanent employee. Is there a prospect that i could still be entitled to statutory redundancy if i'm offered a position elsewhere and give my notice period?. was hoping to get the job permanent and will be taking a significant pay loss regardless, and being honest, receiving the statutory redundancy was the least i was hoping for for the effort I've put in over the years

Thanks,
Tom

AFAIK Eligibility for redundancy would be depending on what type of (length) contract offered

Stheno

TommyTheGun wrote: »

I'm new to this statutory redundancy too. I've been working contract for over three years which will end soon, and i'm assuming i'll be entitled to statutory redundancy if i was to see out the contract. HR are very slow at answering anything.

the job i have been doing is being filled internally by a permanent employee. Is there a prospect that i could still be entitled to statutory redundancy if i'm offered a position elsewhere and give my notice period?. was hoping to get the job permanent and will be taking a significant pay loss regardless, and being honest, receiving the statutory redundancy was the least i was hoping for for the effort I've put in over the years

Thanks,
Tom

Your job is not redundant though it's being filled by someone else?

TommyTheGun

Stheno wrote: »

Your job is not redundant though it's being filled by someone else?

No but I'm being made redundant having been on a rolling contract...

TommyTheGun

weisses wrote: »

AFAIK Eligibility for redundancy would be depending on what type of (length) contract offered

I'm not sure what you mean about what type of contract? What contract are you referring to?

Mrs OBumble

TommyTheGun wrote: »

No but I'm being made redundant having been on a rolling contract...

Have you been an employee (tax is taken out of your pay by the employer)? Or a real contractor (get paid on invoice, look after own tax).

If the latter, then definitely no redundancy: part of the reason contract rates are so high is to cover this sort of situation.

If the former, then it's greyer. Presumably it's been a series of fixed term contracts, and you are being let go because they know that after four years you need to be put on a Contract of Indefinite Duration, and with that you would definitely be entitled to redundancy. Before that, there are various legal interpretations - some people claim that if you were effectively doing the same work all the time you should have been permanent (not contract to cover project roles) from the beginning. Other people disagree. I don't know if there's ever been a court case to test it - and I wouldn't like to be the employee to take that court case (rotten for future employment prospects). My advice would be to hire a good employment solicitor, and have them write to your employer - ideally looking to settle with you for some amount, maybe the equivalent of statutory redundancy, without admitting liability.

TommyTheGun

Mrs OBumble wrote: »

Have you been an employee (tax is taken out of your pay by the employer)? Or a real contractor (get paid on invoice, look after own tax).

If the latter, then definitely no redundancy: part of the reason contract rates are so high is to cover this sort of situation.

If the former, then it's greyer. Presumably it's been a series of fixed term contracts, and you are being let go because they know that after four years you need to be put on a Contract of Indefinite Duration, and with that you would definitely be entitled to redundancy. Before that, there are various legal interpretations - some people claim that if you were effectively doing the same work all the time you should have been permanent (not contract to cover project roles) from the beginning. Other people disagree. I don't know if there's ever been a court case to test it - and I wouldn't like to be the employee to take that court case (rotten for future employment prospects). My advice would be to hire a good employment solicitor, and have them write to your employer - ideally looking to settle with you for some amount, maybe the equivalent of statutory redundancy, without admitting liability.

Correct, the former. I am an employee of the company not a contractor. TBH, I wont be hiring a solicitor, you will never win against this company, and I'm not entirely sure why you would want to go down that road. My question is that I'm assuming i'm entitled to statutory redundancy at the end of my contract.

However, although now I've pretty much been holding out for that payment, now I know my job is ending, I'm obviously on the lookout for new opportunities and am asking if i was to get alternative employment in the meantime before the contract is due to end, and i give my notice period, would I still be entitled to a statutory redundancy payment.

Kristopherus

TommyTheGun wrote: »

Correct, the former. I am an employee of the company not a contractor. TBH, I wont be hiring a solicitor, you will never win against this company, and I'm not entirely sure why you would want to go down that road. My question is that I'm assuming i'm entitled to statutory redundancy at the end of my contract.

However, although now I've pretty much been holding out for that payment, now I know my job is ending, I'm obviously on the lookout for new opportunities and am asking if i was to get alternative employment in the meantime before the contract is due to end, and i give my notice period, would I still be entitled to a statutory redundancy payment.

No. You will have voluntarily left you current employment and their comittment to you ends with giving you a P45 after your last regular payment.

Mrs OBumble

TommyTheGun wrote: »

Correct, the former. I am an employee of the company not a contractor. TBH, I wont be hiring a solicitor, you will never win against this company, and I'm not entirely sure why you would want to go down that road. My question is that I'm assuming i'm entitled to statutory redundancy at the end of my contract.

However, although now I've pretty much been holding out for that payment, now I know my job is ending, I'm obviously on the lookout for new opportunities and am asking if i was to get alternative employment in the meantime before the contract is due to end, and i give my notice period, would I still be entitled to a statutory redundancy payment.

Because you don't have a CID, I don't think you will even be entitled to statutory redundancy: your position isn't actually redundant, you're just a fixed-term employee whose fixed term has ended.

You may get a payout if you get a lawyer to make waves for you. That's the only way I can see it happening.

Otherwise good luck with the job hunting.