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Redundancy??

  • 07-02-2017 11:51pm
    #1
    Registered Users, Registered Users 2 Posts: 6,908 ✭✭✭


    A friend of mine was just today told that due to restructuring in their place of work, that there was no longer a position for them there. Despite this, they were told that they could keep working till they find another job and were also told that they could tell the other employees that they handed in their notice if they like. Company has recently opened another premises and this person was previously told there would be a position for them there. They have also taken on other staff, although I think in a more junior role. The person works as a junior manager so it is hard to see how they would not be getting someone else to take on their responsibilities. They have been with the company approx two years, never any dispiclinary issues or any advance warning of this. No mention either of any redundancy pay - person is young but this all seems very fishy.

    Have advised them to call citizens information tomorrow, to read through their contract and to write down exactly what they recall happening in the discussion today. Is there anything I'm missing? To me they would have serious grounds for an unfair dismissal case?

    They are due back in work tomorrow - I'm unsure whether they should attend or not?

    Thanks for your help


Comments

  • Registered Users, Registered Users 2 Posts: 26,295 ✭✭✭✭Mrs OBumble


    Definitely attend tomorrow. Not going = abandoning the employment.

    Read the contract, and see Citizen's Information for advice in the first instance.


  • Registered Users, Registered Users 2 Posts: 28,696 ✭✭✭✭drunkmonkey


    Approx 2 years, they need 104 weeks to qualify for redundancy, 103 weeks isn't enough.

    It sounds a little sus when they say you can just tell everyone you got a new job etc, it's a very polite way to fire someone. If there the only one being made silently redundant it does sound a bit like unfair dismissal. I'd take it up with their HR department if they have one and see what they say, smart manager might be "handling" the situation as they haven't followed protocol for dismissal which leaves them wide open to a day in the labour court.

    Get your friend to contact Nera, tell them not to give the business name just yet as it'll probably trigger and audit which will make your friend stand out like a sore thumb as who's to blame for the surprise audit. Just do it under the radar until they know where they stand after talking to Nera then their Employer.

    That's all scary talk and not an easy path to go down for the eventual reward, you have to stop and think is this a good time to move up to a higher role in a different company and walk away wth a few quid with silent redundancy if there not really excelling at their job but nobody has pulled them up on it. They get to keep their Job while your employer knows your looking for another job so will probably give a glowing reference.

    Find out the legal position, but before embarking on it see can they move up the ranks in a new job it could be the best long term play. Might take a few interviews to get a job but as the old saying goes it's easy get a job when you have a job.


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