Redundancy and how to ask for it

rumar

Hi everyone, just looking for a bit of advice from any of you who have been in the same position as me or who can offer any information to me.
I am a professional nanny, I've been working for the same family now for 3.5 years, in January they told me that they are going to be leaving the country in April for a long period of time, and not asking me to come with them (not that I'd have gone anyway) therefore making my position with them redundant. Has anyone here ever gotten a redundancy payment from a nanny job? A friend of a friend who is also a nanny has gotten a payment but i dont know her and would feel a bit awkward asking her through my friend. I am legally entitled to it, i know that much, I am paid through the PAYE system and it's all above board in that aspect, however I don't want to cause a big "bad vibe" between me and the family between now and when I finish up with them at the end of March.
I just don't know how to bring it up with them, as, because I have been working for them for so long, we are very close, however I know if either of the parents was to be made redundant, they would definitely be looking for a redundancy payment so I think "why shouldn't I?". It would be a substantial amount of money that I would be entitled to, 2 weeks pay for every year in employment plus 2 extra weeks as far as I know.

Any advice/real life experiences would be great.

daheff

rumar wrote: »

It would be a substantial amount of money that I would be entitled to, 2 weeks pay for every year in employment plus 2 extra weeks as far as I know.
.

2 weeks per year of service plus 1 additional week.


Good luck getting it though.

Do you have an employment contract stating you are a permanent employee or is it a fixed term contract?

CIARAN_BOYLE

A few things to note.

1. Yes it's a significant amount of money to you.
2. It's also a significant amount of money to them and they will have to pay it from their own pocket.
3. Be careful approaching them as it could sour relationships.
4. Are you employed by the employer or through an agency that handles PAYE. If an agency they could technically redeploy you or offer to and no redundancy would need to be paid.
5. Remember redundancy is tax free money so it could be significantly more net than you would expect.

rumar

daheff wrote: »

2 weeks per year of service plus 1 additional week.


Good luck getting it though.

Do you have an employment contract stating you are a permanent employee or is it a fixed term contract?

It's not a fixed term contract. I am a permanent employee.

rumar

CIARAN_BOYLE wrote: »

A few things to note.

1. Yes it's a significant amount of money to you.
2. It's also a significant amount of money to them and they will have to pay it from their own pocket.
3. Be careful approaching them as it could sour relationships.
4. Are you employed by the employer or through an agency that handles PAYE. If an agency they could technically redeploy you or offer to and no redundancy would need to be paid.
5. Remember redundancy is tax free money so it could be significantly more net than you would expect.

1&2: that's what I meant by it's a significant amount of money.
3.that's why I'm asking for advice as I don't want to sour the relationship however they are my employer and they are making my position redundant. I'm sure they would be asking about it if it was them in my position.
4. I am employed directly by the family.
5. I'm not sure what you mean by this? That it'd be more that they'd have to pay than I'd expect?

CIARAN_BOYLE

rumar wrote: »

4. I am employed directly by the family.
5. I'm not sure what you mean by this? That it'd be more that they'd have to pay than I'd expect?

4. Are you 100% sure. A lot of nanny's are theoretically employed by an agency which is structured in such a way to deny eligibility for redundancy.
5. No that the amount in your pocket may be more than you expect since you get the gross as net.

rumar

CIARAN_BOYLE wrote: »

4. Are you 100% sure. A lot of nanny's are theoretically employed by an agency which is structured in such a way to deny eligibility for redundancy.
5. No that the amount in your pocket may be more than you expect since you get the gross as net.

I'm actually in disbelief that you're asking me am I sure that I'm employed by my employer. Yes I'm sure. I didn't get the job through an agency. I get paid directly by them, they set themselves up as an employer with their own employer number with the revenue. Nanny jobs in Ireland are generally structured like this even if you do go through an agency though. It's not like agency nurses etc.

I was aware that it was based on gross pay also. I'm asking for advice on how to approach it with my employer. I am LEGALLY entitled to it, I know that, I'm just unsure of how to bring it up with them.

daheff

rumar wrote: »

I am LEGALLY entitled to it, I know that, I'm just unsure of how to bring it up with them.

Well if you are legally entitled to it, i'd suggest you bring it up with them before they leave the jurisdiction...otherwise they could be gone without any comeback for you.

rumar

daheff wrote: »

Well if you are legally entitled to it, i'd suggest you bring it up with them before they leave the jurisdiction...otherwise they could be gone without any comeback for you.

Did you read my initial post? They are not emigrating. They are leaving for a long period of time, approx 6 months.

I am going to bring it up, I said that already, what I am looking for is advice or experiences from other people have have been in the same or a similar position to me on what way it worked out in the end fir them.

If you've ever worked as a Nanny, you'll understand that it is not the same as a "normal" job in that you tend to become part of the family, you are in your employers home for the duration of your day, so I'm sure you can see why it might be a little awkward.

Also, there is no "if" about me being entitled to it legally. I am. End of.

micks

rumar wrote: »

Did you read my initial post? They are not emigrating. They are leaving for a long period of time, approx 6 months.

I am going to bring it up, I said that already, what I am looking for is advice or experiences from other people have have been in the same or a similar position to me on what way it worked out in the end fir them.

If you've ever worked as a Nanny, you'll understand that it is not the same as a "normal" job in that you tend to become part of the family, you are in your employers home for the duration of your day, so I'm sure you can see why it might be a little awkward.

Also, there is no "if" about me being entitled to it legally. I am. End of.

If i was you i'd use the time to get proper advice from a lawyer

Personally I would approach them approach 4-5 before the finishing date, in writing asking about the redundancy payment/process

If you were to approach them now and they are facing a bill for redundancy that they are not expecting they could fast track you leaving to offset wages to pay the redundancy and you lose out on wages for 2-3 months to gain approx 4k redundancy

bottom line get proper advice - is there a union /regulatory body looking after that?

BTW dont take offence on above - who you work for

Its quite feasible and probable that they have set up a umbrella / shelf company that will be wound up by the end of April and you will have to chase that "dead" company for any payments due

beechwood55

Two members of my extended family have paid their nannies redundancy payments. There was no issue in either case and I think both of them brought it up with the nanny when they had the conversation that the nanny was no longer required.
Do you think that it has even crossed their minds that they might have to pay you?
You could also contact the NERA (National employment rights authority) to see where you stand.

rumar

micks wrote: »

If i was you i'd use the time to get proper advice from a lawyer

Personally I would approach them approach 4-5 before the finishing date, in writing asking about the redundancy payment/process

If you were to approach them now and they are facing a bill for redundancy that they are not expecting they could fast track you leaving to offset wages to pay the redundancy and you lose out on wages for 2-3 months to gain approx 4k redundancy

bottom line get proper advice - is there a union /regulatory body looking after that?

BTW dont take offence on above - who you work for

Its quite feasible and probable that they have set up a umbrella / shelf company that will be wound up by the end of April and you will have to chase that "dead" company for any payments due

Thank you for your advice. I'll get onto my solicitor and ask them.

Did you mean 4-5 days? I plan to ask them about 2.5 weeks before I finish up, that way they have enough time to research what they have to do.

I'm not sure of any union or regulatory body but I'll look into it.

I was only offended by the arrogance of the question, seeing as I'd already answered it in a previous post, but thank you. Your advice is much appreciated as well as the manner in which you gave it.

rumar

beechwood55 wrote: »

Two members of my extended family have paid their nannies redundancy payments. There was no issue in either case and I think both of them brought it up with the nanny when they had the conversation that the nanny was no longer required.
Do you think that it has even crossed their minds that they might have to pay you?
You could also contact the NERA (National employment rights authority) to see where you stand.

That's great to hear re: your family members.

To be honest, I have a feeling that it hasn't even crossed their minds, they both have very busy demanding jobs that they are taking a sabbatical from so I imagine their minds are elsewhere.

I will contact NERA tomorrow.

Thank you for your advice.

micks

rumar wrote: »

Thank you for your advice. I'll get onto my solicitor and ask them.

Did you mean 4-5 days? I plan to ask them about 2.5 weeks before I finish up, that way they have enough time to research what they have to do.

I'm not sure of any union or regulatory body but I'll look into it.

I was only offended by the arrogance of the question, seeing as I'd already answered it in a previous post, but thank you. Your advice is much appreciated as well as the manner in which you gave it.

sorry 4-5 weeks

I think there is something about 30 days notice re redundancy

rumar

micks wrote: »

sorry 4-5 weeks

I think there is something about 30 days notice re redundancy

They have to give me 30 days notice?

daheff

rumar wrote: »

I am a professional nanny, I've been working for the same family now for 3.5 years, in January they told me that they are going to be leaving the country in April for a long period of time,

rumar wrote: »

Did you read my initial post? They are not emigrating. They are leaving for a long period of time, approx 6 months.

I did read your initial post. And you said a long period of time -indicating they were emigrating for a number of years...not approx 6 months.

rumar wrote: »

If you've ever worked as a Nanny, you'll understand that it is not the same as a "normal" job in that you tend to become part of the family, you are in your employers home for the duration of your day, so I'm sure you can see why it might be a little awkward.

Also, there is no "if" about me being entitled to it legally. I am. End of.

I can't 100% tell you that you are legally entitled to it -neither can anybody else on boards..we can only surmise based off what you post. -hence the "If"

rumar wrote: »

They have to give me 30 days notice?

They have -maybe not in writing, but you are aware of it at this stage.


In any case, your attitude towards peoples responses seems to be very rude...I'd suggest you don't have the same attitude with your employer, or the redundancy talk could be quite strained

Cloudio9

Two weeks is the minimum statutory notice period for someone who has 3.5 years service. On top of notice you're entitled to redundancy and any accrued but untaken holiday pay. However, if your employment contract says notice is longer than two weeks you are entitled to the longer notice.


Op, has the employer give you written notice yet ? If not they should provide you with notice of redundancy. Good practice would be for this to state your last day of work, what payments you will receive on termination. e.g. salary due, untaken holiday pay, payment in lieu of notice if necessary and the amount of redundancy. The statutory redundancy would be tax free. (Technically good practice would involve entering consultation with you but clearly that's not practical in this scenario)

My advice if you are finishing in the next 30 days and have not received written notice is to now ask them to give you a "letter of redundancy". You can say you need it for social welfare if you want to avoid conflict. If they haven't considered redundancy that'll probably sink in over the next day or so. Based on what that letter says you can decide your next step.

The fact that they have been doing things by the book suggests they won't want to do something illegal and stupid at this point.

Edit: a number of people saying you need to run to solicitors or Nera. At this point you don't know if there's any reason for a dispute so I would say hold off.

alig123aileen

What an uncomfortable situation for you. I was in a similar situation recently and this is how I approached it with the employer (changed slightly to accommodate your situation).

'Hi I know you have plans to travel for six months. I just want to let you know I am prepared to exit your employment if we can mutually agree terms and conditions of me leaving that are treated on a strictly confidential basis, and mindful of the fact that I will need an income /and/or retraining over the next few months while I source work and I may even have to claim benefits in the shorter term. I'm happy to work through this with you on a solution that benefits us both. In the meanwhile I can be as flexible as possible to ensure a smooth transition for you and your family.

This statement takes any anger out of the situation and they will have to look at a solution.

When you have spoken to them make sure you email them or put it in writing and keep a copy. Send it by registered post if you feel you need to. That's very important. You may need written evidence if this goes further. And you will win it in the Employment Appeals Tribunal if they have not paid you statutory redundancy and especially if you can show you exhausted all avenues to resolve this with them locally.

When I approached my situation in this non confrontational way I was successful (situation had been very hostile) and the employer worked with me to find a solution ie redundancy. I know children are involved and you have of course a great fondness for them, but they still have a duty of care to you as an employer. If they are unable to pay you statutory redundancy they can claim it back from a government fund. I wish you the very best of luck and I am sure you will get another position soon.