How does notice have to be given to cease an employee employment?

sexmag · 02-10-2018 05:34PM #1

As the question states how is notice to be given to am employee that they're jobs are being made redundant?

I'm aware of a situation where employees were brought to a hall and told they were being made redundant, many people were out or couldn't make this announcement and the employer is now stating that this announcement was the "official notice" in terms of people's notice period to cease employment

So does notice of employment have to be given to an employee in writting and signed regarding redundancy or can an employer call an impromptu meeting and claim that that was it,even though not all employees were there or even aware of the announcement?

I've check the acts but cant find any definition of what notice entails, I.e written,verbal etc

Thanks

Peregrinus · 03-10-2018 01:26AM

I'm not aware of any statutory regulation of the form or mode in which notice must be given.

From first principles, "notice" means advance knowledge or information of your dismissal. The Minimum Notice and Terms of Employment Act 1973 doesn't just require that you be given notice; it requires the employer to give it to you. From first principles, if there's a dispute about whether or when you were given notice, it's up to the employer to prove the date he gave you notice. He couldn't rely on you hearing about something that was said at a meeting that you didn't attend, or on you reading something in the newspaper, or whatever; even if he could prove that you heard about it or read about it, that wouldn't be the employer giving you notice. So, in practice, he needs to hand you notice in writing, or he needs to tell you face to face, and in either case to make and keep a record of when he did so.

sexmag · 03-10-2018 06:25AM

Peregrinus wrote: »

I'm not aware of any statutory regulation of the form or mode in which notice must be given.

From first principles, "notice" means advance knowledge or information of your dismissal. The Minimum Notice and Terms of Employment Act 1973 doesn't just require that you be given notice; it requires the employer to give it to you. From first principles, if there's a dispute about whether or when you were given notice, it's up to the employer to prove the date he gave you notice. He couldn't rely on you hearing about something that was said at a meeting that you didn't attend, or on you reading something in the newspaper, or whatever; even if he could prove that you heard about it or read about it, that wouldn't be the employer giving you notice. So, in practice, he needs to hand you notice in writing, or he needs to tell you face to face, and in either case to make and keep a record of when he did so.

Thank you,that's what i would have thought.

Surely from an employers perspective to cover themselves they would ensure each individual was notified in some form of writing I.e. by email at least, in this particular company there is a vast email directory so not difficult to cover themselves and send an email.

From the information I'm getting they seem to be trying to shunt people out the door quick and forcing them to accept they're redundancy offer as mandatory without any consultations etc, whilst the union at this company are flipping out as they are currently in the midst of a ballot for industrial action.

From past experience i can see this ending up in the WRC with a mass amount of employees under one action.

Thanks for your reply

Peregrinus · 03-10-2018 06:42AM

I agree. If the employer wants do to this quickly and finally it should not be faffing about; it should be issuing dated written notice of termination, couple with information about termination entitlements, on an individual basis as quickly as possible, and the notice period should only run from when this is issued.

sexmag · 03-10-2018 06:48AM

Peregrinus wrote: »

I agree. If the employer wants do to this quickly and finally it should not be faffing about; it should be issuing dated written notice of termination, couple with information about termination entitlements, on an individual basis as quickly as possible, and the notice period should only run from when this is issued.

With the amount of articles lately of unfair dismissal you think they would have thought this through.

There are legitimate cases for employers to sack employees but because they didnt follow procedure and policy the employers are the ones out of pocket.

Thanks again for your input

How does notice have to be given to cease an employee employment?

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