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Redundancy question

madmax72

Hi I am just looking for some information.I was working in a pub for the last 15 years and now I am out of work due to the pub being closed because of covid19.My boss said he would be taking me back on when the restrictions are lifted but at the moment my employment is ceased according to the revenue.I am currently only getting the 350 covid payment from the state.My question is could I apply for redundancy as the covid payment is only lasting another 9 weeks for me and I feel the pubs might not be back open for a good while after that.

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Stheno

madmax72 wrote: »

Hi I am just looking for some information.I was working in a pub for the last 15 years and now I am out of work due to the pub being closed because of covid19.My boss said he would be taking me back on when the restrictions are lifted but at the moment my employment is ceased according to the revenue.I am currently only getting the 350 covid payment from the state.My question is could I apply for redundancy as the covid payment is only lasting another 9 weeks for me and I feel the pubs might not be back open for a good while after that.

I suspect the 350 payment may be extended in limited circumstances to include the likes of hospitality workers

If you can wait and see

Masala

What would you expect to get as a package after 15 yrs??

mcko

Redundancy only applies if your job is gone for good.

Salary Negotiator

Masala wrote: »

What would you expect to get as a package after 15 yrs??

31 weeks pay, capped at €600 per week.

madmax72

Stheno wrote: »

I suspect the 350 payment may be extended in limited circumstances to include the likes of hospitality workers

If you can wait and see

I hope you are right as i enjoy the job.This is only a last resort

Salary Negotiator

Salary Negotiator wrote: »

31 weeks pay, capped at €600 per week.

I just realized the OP will be taken back so redundancy doesn’t apply.

madmax72

Salary Negotiator wrote: »

31 weeks pay, capped at €600 per week.

Yes that's right but can i claim redundancy.I know I can't claim redundancy until the end of May due to new legislation. I want to make sure I'm entitled to it

antix80

You're not redundant though..

XsApollo

I don’t think you can apply for redundancy.
That’s up to your employer?
Also it’s your employer that has to pay the redundancy so maybe They won’t want to.
If they can’t pay they can apply to the state to pay I think, I’m not sure how that’s worked out but if your employer has the means to pay I don’t think they would get that?

madmax72

mcko wrote: »

Redundancy only applies if your job is gone for good.

But what happens if the pubs don't open back up until a vaccine.I thought I read somewhere that the government brought in the covid payment through the employer to stop people looking for redundancy.I think there was a rule stating if you are out of work for 4 weeks you can apply for redundancy

Masala

Salary Negotiator wrote: »

31 weeks pay, capped at €600 per week.

Who’s pays this redundancy????? Is it from the Government or the employer?

If employer.... does he have to give more than 2 weeks per year... ??? Is it tax-free to the employee.

Sorry... just interested myself. Have never been involved in a redundancy so this is a chance to learn something!!!

Salary Negotiator

madmax72 wrote: »

Yes that's right but can i claim redundancy.I know I can't claim redundancy until the end of May due to new legislation. I want to make sure I'm entitled to it

Yeah sorry, I misread your OP and thought you wouldn’t be brought back.

As things stand your job is still there once the business reopens.

madmax72

Masala wrote: »

Who’s pays this redundancy????? Is it from the Government or the employer?

If employer.... does he have to give more than 2 weeks per year... ??? Is it tax-free to the employee.

Sorry... just interested myself. Have never been involved in a redundancy so this is a chance to learn something!!!

Statutory redundancy is paid by the employer if he can afford it.If not the state does.You get 2 weeks for every year you work plus 1 week.The maximum weekly rate is 600 and it is tax free.I think

madmax72

Salary Negotiator wrote: »

Yeah sorry, I misread your OP and thought you wouldn’t be brought back.

As things stand your job is still there once the business reopens.

But how long must I wait for the business to open or do I get another job and lose all my service

Salary Negotiator

Masala wrote: »

Who’s pays this redundancy????? Is it from the Government or the employer?

If employer.... does he have to give more than 2 weeks per year... ??? Is it tax-free to the employee.

Sorry... just interested myself. Have never been involved in a redundancy so this is a chance to learn something!!!

That’s statutory redundancy ie the minimum an employee will get if made redundant. It’s paid by the employer or the state if the employer can’t.

The employer can pay more, it depends on the reason for the redundancy, the state of the company and many other factors.

Salary Negotiator

madmax72 wrote: »

But how long must I wait for the business to open or do I get another job and lose all my service

As long as this emergency period exists.

Tough situation.

Mrs OBumble

madmax72 wrote: »

But what happens if the pubs don't open back up until a vaccine.I thought I read somewhere that the government brought in the covid payment through the employer to stop people looking for redundancy.I think there was a rule stating if you are out of work for 4 weeks you can apply for redundancy

I think it's longer than 4 weeks, but employment law currently has a limit to how long a short-term layoff can last for, until the employer has to either take you back or make you redundant.

That said - it's just a law (or maybe even a regulation). We've seen major changes made to laws / regulations / policies in the last few weeks, and we will likely see more. The government doesn't want you to be made redundant, they want to see you back to work, in either your existing your or in some variation of it (does a career as a delivery driver appeal? it's a growth industry at the moment).

Don't expect redundancy anytime soon. Do be open to working with your employer about new potentially different ways of working.

Wanderer19

madmax72 wrote: »

Hi I am just looking for some information.I was working in a pub for the last 15 years and now I am out of work due to the pub being closed because of covid19.My boss said he would be taking me back on when the restrictions are lifted but at the moment my employment is ceased according to the revenue.I am currently only getting the 350 covid payment from the state.My question is could I apply for redundancy as the covid payment is only lasting another 9 weeks for me and I feel the pubs might not be back open for a good while after that.

https://www.citizensinformation.ie/en/employment/employment_rights_during_covid19_restrictions.html#l99a8e

The redundancy entitlements have changed, as you noticed the earliest date you can apply is the end of May. If the restrictions are lifted by then, all well and good, if not then you need to advise you're employer you are looking for redundancy.

You're not entitled to apply until that time, and there are procedures you, and your employer have to follow. If he does reopen, and there is work for you, that will last for at least 13 weeks, then there is no redundancy situation.

Wanderer19

madmax72 wrote: »

But how long must I wait for the business to open or do I get another job and lose all my service

If you can get another job now, take it, on the understanding that you intend to return to your own job.

You have been put on a lay off, if the employer takes you back you have no right to redundancy, if he doesn't then you will. You won't lose your years of service unless you give them up by leaving voluntarily.

bobbysands81

Wanderer19 wrote: »

https://www.citizensinformation.ie/en/employment/employment_rights_during_covid19_restrictions.html#l99a8e

The redundancy entitlements have changed, as you noticed the earliest date you can apply is the end of May. If the restrictions are lifted by then, all well and good, if not then you need to advise you're employer you are looking for redundancy.

You're not entitled to apply until that time, and there are procedures you, and your employer have to follow. If he does reopen, and there is work for you, that will last for at least 13 weeks, then there is no redundancy situation.

All of this is 100% correct.

The President signed a special order into law a couple of weeks back to suspend all redundancies until the end of May as part of emergency legislation that was rushed through the Dáil. That end of May date may be extended but the COVID €350 per week payment will be available to you until then.

bucketybuck

Salary Negotiator wrote: »

I just realized the OP will be taken back so redundancy doesn’t apply.

Salary Negotiator wrote: »

Yeah sorry, I misread your OP and thought you wouldn’t be brought back.

As things stand your job is still there once the business reopens.

Salary Negotiator wrote: »

As long as this emergency period exists.

Tough situation.

Thats just wrong 3 times over.

It was the case that if temporarily laid off or put on short time, an employee became eligible for statutory redundancy after 4 weeks, or if they were on short time for 6 weeks out of a 13 week period.

The govt has suspended that until at least the end of May but the law itself hasn't gone away, so telling people that they just have to sit and wait no matter how long it takes is just not true.

The word I'm getting from revenue and people I know is that the govt has a few plans in place for this redundancy question, so its a case of watch this space instead of sit there and shut up for however long a company is closed.

millhouse

Would it be that the OP is looking to see if he could avail of redundancy now given the circumstances, receive his 31 x â‚¬600 and then in 2/3 months time if the pubs reopen he could effectively reapply for what was his job and start his service from zero. This way he has â‚¬18,600 in his back pocket and now has the same job back?

madmax72

millhouse wrote: »

Would it be that the OP is looking to see if he could avail of redundancy now given the circumstances, receive his 31 x â‚¬600 and then in 2/3 months time if the pubs reopen he could effectively reapply for what was his job and start his service from zero. This way he has â‚¬18,600 in his back pocket and now has the same job back?

No what I was thinking was if the pubs don't open until the end of the year I could claim redundancy and look for a new job.As I said already I would prefer not to do this but i cannot see the government continuing to pay the 350 until pubs reopen and I cannot afford to live on jobseekers so if I can get this money it would be a great help.I would hate to do this to my employer but needs must.I will wait and see what the government does at the end of May

bucketybuck

millhouse wrote: »

Would it be that the OP is looking to see if he could avail of redundancy now given the circumstances, receive his 31 x €600 and then in 2/3 months time if the pubs reopen he could effectively reapply for what was his job and start his service from zero. This way he has €18,600 in his back pocket and now has the same job back?

If I worked in a bar I would be seriously considering that, for the simple reality that a lot of pubs will not reopen at all and that the chances of having that same job back diminish with every week the lockdown continues.

You talk as if having that same job back is a given...

antix80

bucketybuck wrote: »

You talk as if having that same job back is a given...

No one's saying that.

We're saying it's not a redundancy situation at present.. That may change.

pablo128

What happens if you're taken back on but asked to take a pay cut and refuse. Is that automatic redundancy then?