Redundacy

Umpalumpa

Quick question

I joined a company on a 20 month contract, after 19 months i was given a 5 month extension bringing my sevuce up to 25 months . Unfortunately they can't offer me a full Time position due to being overstaffed in another section which they have to replace me with a full time staff member.
Am I entitled to a redundancy payment even if my position in not redundant? HR said as I was only on a fixed term contact, redundancy doesn't apply

28064212

Umpalumpa wrote: »

HR said as I was only on a fixed term contact, redundancy doesn't apply

That's an incorrect statement: https://www.citizensinformation.ie/en/employment/employment_rights_and_conditions/contracts_of_employment/fixed_term_or_specified_purpose_contracts.html

An employee who has worked continuously for at least 104 weeks under a fixed-term or specified purpose contract can qualify for a redundancy payment when the contract ends.

28064212

28064212 wrote: »

That's an incorrect statement

Actually it isn’t, HR may be correct.

Taking only the fixed term contract in isolation, this is coming to an end. So as long as the contract states the UDA does not apply at the end of the term, the op can be let go.

In relation to redundancy payments at the end of that contract, a redundancy situation arises if your job ceases to exist and you are not replaced. The reasoning for the redundancy situation could be:

• The financial position of the firm
• Lack of work
• Reorganisation within the firm or
• Complete closure of the firm

But HR have informed the op his/her position is not being made redundant, someone else, a full time employee is filling it.

So no redundancy situation applies, the job/position still exists, the op is just being let go at the end of a FTC.

The important words in your last quote are “can qualify”, it doesn’t say “is qualified”.

28064212

Dav010 wrote: »

Actually it isn’t, HR may be correct.
..
The important words in your last quote are “can qualify”, it doesn’t say “is qualified”.

I said that the quote from HR "I was only on a fixed term contact, redundancy doesn't apply" was incorrect. I didn't say that the OP automatically qualified, just that HR saying they were disqualified because they were on an FTC was not accurate

28064212

28064212 wrote: »

I said that the quote from HR "I was only on a fixed term contact, redundancy doesn't apply" was incorrect. I didn't say that the OP automatically qualified, just that HR saying they were disqualified because they were on an FTC was not accurate

I think you are thinking about the FTC only and how it applies to everyone working on this type of contract, certainly a FTC does not disqualify the contractor from redundancy. But the op posted they told him about his FTC and how it relates to his redundancy payment.

Again, it appears based on what the op has posted, that it is accurate as it relates to the op. The position is not redundant and as the fact that the op was coming to the end of a FTC, redundancy doesn’t apply, only that he reached the end of a defined term of employment. Had the op been employed on a contract of indefinite duration (permanent), to avoid a potential unfair dismissal claim, the company would have had to consider making the position redundant and paying a redundancy payment to the op. As it was a FTC, that was not necessary.