redundancy rights - employer wants to pay a few weeks late

purpleplatypus

I was told I was being made redundant in July, given a one month notice period so my official last day was in August, and now my former employer owes me for the days I was still employed in August, all my unused leave days plus my redundancy pay (2 weeks pay for every year worked there plus one more week). I worked there for 2.5 years, so it's no small sum. I was told today that they don't have the money, so they can't pay me, but they should have it in a few weeks and will pay me when they get it. I'm not about to starve, but I'm a bit worried because it didn't seem like a sure thing. He wasn't sure exactly how many weeks it will be but said he will keep me posted. He seemed genuine and I want to take him for his word, but I can't help but feel like this isn't right. (He even said those words to me "This isn't right" - he was very embarrassed to be giving me the news.) What are my rights in this situation? I did some quick research and there is a redundancy scheme where the government will pay me my redundancy if my employer refuses to - but how long should I give them before applying for that? Also, what about the days I was still employed in August and all my unused leave days?

ednwireland

go to your local citizens information centre and get the ball rolling. I would think. if its past your next payday looking at this.

https://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/if_employer_cant_pay_redundancy.html

afatbollix

Sorry to hear about all this, Its not what you want to hear when you have been made redundant, It must have been a small company?

Can they pay you anything at the moment? Even just your August pay? And then get the rest in a couple of weeks.

It must be very embarrassing for them, I'd hate to be in their shoes. But keep at them, Ask for a date when you will be paid and get it on paper.

purpleplatypus

https://www.boards.ie/discussion/comment/119548758#Comment_119548758

https://www.boards.ie/discussion/comment/119548772#Comment_119548772

It's a tricky one because it's not that they're REFUSING to pay, they're just refusing to pay right now... I suppose that is still refusing to pay. I do believe they will pay IF they get the money. it's just the money not being a sure thing that's the problem.

i just asked if they can give me a partial payment now *fingers crossed* it is a small company. i do not think they will be able to give me a date for when i will be paid, based on the conversation i had earlier. i already have a letter that says i will be getting my payment within 21 days of termination (which actually would have been 2 days ago) and the money isn't here.

Jim2007

https://www.boards.ie/discussion/comment/119548955#Comment_119548955

It's not a tricky one, they are financing their business operations out of money they owe you. And they are they ones that are going to benefit from it now you. You are giving them an interest free loan after they pulled the rug out from under your feet.

A company that's can't meet its debts as the fall due can be declared bankrupt. When companies are in that situation they will pay the one's that can inflict the most pain first. If it were me I would not wast time playing games only to end up receiving the statutory minimum after they go pear shaped. I'd explain to them that unfortunately I need to be paid on time and a failure to do so would see me heading to a solicitor to have them declared bankrupt.

purpleplatypus

https://www.boards.ie/discussion/comment/119549511#Comment_119549511

you're right, the squeaky wheel gets the oil. i want them to give me a good reference though (i haven't found a new job yet)