Redundancy Pickle

Dempo1

Hi all , hope I can get some advice.

Worked for same employer since 2015.

Pandemic arrived, Had to go on PUP.

Absolutely no Discussion, Official notice of termination, Holiday and commissions owed 2 years on the topic of redundancy being avoided and essentially I've nothing to say I've been actually made redundant. All the advice seems to suggest you have to be notified but this is being avoided.

The suspension of redundancy legislation Complicated matters.

Separately and unrelated , I transitioned onto illness benefit from PUP , I had enough contributions. Employer not even aware of this, I had been on PUP , left hanging for over 14 months.

The business is still trading albeit on a much reduced level, other colleagues just left.

How do I even go about claiming redundancy if employer just ignoring the Topic completely. I'm estimating (albeit not confirmed) I was let go last July.

Complicated, I know, any advise appreciated.

Thank you.

Just to Add , prior to moving onto Illness Benefit, I noticed on mygovId account my employer still Registered as my employer albeit I'm no longer employed.

lawrencesummers

Legal advice required i presume, but you could write a formal letter to them asking for clarification of your status and to establish in writing if any outstanding monies are still due in relation to holiday pay, commission etc.

Dont accuse them of anything just ask them to formalize where they see your contract currently standing or when and how it expired or was terminated.

mumo3

What makes you think you've been made redundant?

To have received the full PUP payment at the start of the pandemic, your company would have had to let you go (p45) temporarily, otherwise they would have put you on the TWSS.

How have they left you hanging for 14 months?

Is it a case of them not calling you back in yet?

Dempo1

https://www.boards.ie/discussion/comment/118677735#Comment_118677735

Thank you , I actually have emailed to seek clarification, no responses, I actually did the Rosters, Payroll submissions and have a detailed record of what is owed.

Originally the advice was anyone on PUP could not be in receipt of any income, even if was money, holidays, hours owed etc, this was correct but was then just put on the long finger .

Deeec

Dempo1 - Have you had any contact with your employer whatsoever. Have they officially told you that you are no longer needed?

It looks like you are still an employee of the business. If you are on illness benefit I am assuming you are unfit to return to work even if there was a job for you now. The very fact you are on illness benefit could go against you getting any redundancy - you need to speak to a solicitor on this.

You absolutely should chase your holiday pay and commission. You also accrued bank holiday pay for first 13 weeks of being off - you should chase this aswell.

Deeec

https://www.boards.ie/discussion/comment/118677758#Comment_118677758

If they are not replying to emails - I would just call to their premises - they cant ignore you then.

Dempo1

https://www.boards.ie/discussion/comment/118677790#Comment_118677790

Hi there,

My illness benefit was based on contributions, there was no mention of employer on my application as I was actually on PUP . The illness is not a work related illness , a long term issue .

I've literally not spoken Directly to my former employer directly in over 6 months. Calls not being answered etc .

Deeec

https://www.boards.ie/discussion/comment/118677856#Comment_118677856

Whether the illness is work related or not does'nt matter. The fact you are on illness benefit works to your employers advantage in that it means you may be unfit to work. Thus if you are not available for work no redundancy arises. Now of course your employer may not know you are claiming illness benefit - I wouldnt mention this to any of your workmates in case someone passes this info on.

You need to determine:

• Does your job still exist ( you can claim for redundancy if your job is gone )
• Is someone else doing your job now ( other than the owner) - if there is someone else carrying out your role you may have a case for unfair or constructive dismissal

Keep a record of all your contacts with the employer.

Jim2007

https://www.boards.ie/discussion/comment/118677856#Comment_118677856

Well on top of this, if you went on illness benefits without even informing them, they may argue that as far as they are concerned you abandoned the post without even giving notice... Do yo have contact with work colleagues?

Best get proper legal advice before taking action

Dempo1

https://www.boards.ie/discussion/comment/118678020#Comment_118678020

Thanks @Deeec I see we're your coming from.

I'll write to him formally seeking absolute clarity albeit as I've explained this has been tried already. I've been trying to avoid conflict but clearly I have to address this formally now.

I was primarily curious is this a common thing, I know created all sorts of additional problems . I personally feel employer avoiding redundancy and in the absence of an official letter of full lay off its near impossible to pursue what I believe is an entitlement.

The problem (open to correction) if I went the constructive dismissal route, I can't claim redundancy.

Thanks however for the advice 😏

Dempo1

https://www.boards.ie/discussion/comment/118678058#Comment_118678058

Thanks Jim, it wasn't really like that, 14 months on PUP, no contact from employer (despite numerous attempts) , my illness happened suddenly, albeit related to a long term auto immune disease, I couldn't claim PUP if medically certified unfit for work.

I don't think it unreasonable to assume after 14 months of being on PUP due to layoff and failure by employer to communicate, that my job was gone 🤔

Edit, 2 other colleagues in same situation as me, albeit not as much service.

spaceHopper

With measures coming to an end I'd sit tight and see what happens - it could force their hand. To me it sounds like they are waiting for you to resign and get a new job.

Are you able to go back to work or still on illness benefit? Is there any point forcing the issue

Dempo1

https://www.boards.ie/discussion/comment/118678851#Comment_118678851

Hi there, I'm likely on illness benefit for the foreseeable future and possibly moving to a long term payment unfortunately. It was this realisation that got me thinking to be honest.

Obviously conflict is best avoided so I'll make enquiries. It's not so much about the money, it's the principle, I just feel its been allowed to drag on , hoping it would go away.

But thank you for the response and advice 😏