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Employment Rights question.

  • 17-11-2018 4:37pm
    #1
    Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭


    Employee with 18 years service.

    Boss offers a termination package out of the blue. There are no warnings etc. It is not a position that can be made redundant.

    Your thoughts please.


Comments

  • Registered Users, Registered Users 2 Posts: 26,292 ✭✭✭✭Mrs OBumble


    ebbsy wrote: »
    Employee with 18 years service.

    Boss offers a termination package out of the blue. There are no warnings etc. It is not a position that can be made redundant.

    Your thoughts please.

    Any position can be mafe redundant - usually by expanding or shrinking the duties so that what is left is a different position.


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    ebbsy wrote: »
    Employee with 18 years service.

    Boss offers a termination package out of the blue. There are no warnings etc. It is not a position that can be made redundant.

    Your thoughts please.

    Sounds like its not you or it's a personality issue.

    How old are you. What are your job prospects like to get another role?


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    51.

    It's a payroll position.


  • Registered Users, Registered Users 2 Posts: 6,769 ✭✭✭nuac


    Is payroll being outsourced?


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    No its not bud. Always done in house.


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  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    ebbsy wrote: »
    51.

    It's a payroll position.

    Give a look at the jobs market. If you were a few years from retirement you could take it, but you're too young.


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    I might need to see what they are offering, or else see a solicitor to protect myself.


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    Avatar MIA wrote: »
    ebbsy wrote: »
    51.

    It's a payroll position.

    Give a look at the jobs market. If you were a few years from retirement you could take it, but you're too young.

    You are too kind.


  • Registered Users, Registered Users 2 Posts: 1,723 ✭✭✭rock22


    You need to seek appropriate advice from Union.


  • Closed Accounts Posts: 1,112 ✭✭✭notharrypotter


    ebbsy wrote: »
    No its not bud. Always done in house.

    Is there a revision/reallocation of responsibilities?


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  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    Is there a revision/reallocation of responsibilities?


    No


  • Registered Users, Registered Users 2 Posts: 68,317 ✭✭✭✭seamus


    There's a question here over the nature of the package. Is it being implied that you have to take it? Or that you'll be punished for not taking it? Have they called it "redundancy"?

    Strictly speaking there is nothing preventing a company from making an offer to an employee in terms of a "package", to voluntarily leave the company. It doesn't have to be redundancy as that's a specific process with legal backing.

    It is fraught though. If there's any implication that the package is not voluntary or that someone's future career at the company will be impacted by the refusal, then you have a clear case of unfair dismissal.


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    If this is out of the blue and the company needs someone in this position can you think of anything you might have down for them to go down this route - confidential information getting out?!?

    No need for unions/solicitors at this stage. As per Seamus's email, nothing wrong with making an offer for you (or anyone) to leave if there is no implied threat.


  • Registered Users, Registered Users 2 Posts: 264 ✭✭stinkbomb


    Avatar MIA wrote: »
    If this is out of the blue and the company needs someone in this position can you think of anything you might have down for them to go down this route - confidential information getting out?!?

    No need for unions/solicitors at this stage. As per Seamus's email, nothing wrong with making an offer for you (or anyone) to leave if there is no implied threat.

    If that was the case there would be a formal procedure to follow


  • Registered Users, Registered Users 2 Posts: 1,723 ✭✭✭rock22


    stinkbomb wrote: »
    If that was the case there would be a formal procedure to follow

    Not necessarily. I am aware of a similar occurrence.

    It does seem, from the information OP has provided, that this is not a redundancy but simply a forced parting of the ways.

    The first thing OP needs to decide is what they want. Do they want to contest it or negotiate a better package ?


  • Closed Accounts Posts: 6,750 ✭✭✭Avatar MIA


    stinkbomb wrote: »
    If that was the case there would be a formal procedure to follow

    That's very messy, time consuming. Companies have been known to pay the problem away. Not necessarily any relevance here.


  • Registered Users, Registered Users 2 Posts: 7,071 ✭✭✭ebbsy


    Thank you for all your replies.

    When there is an update I will post here.


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