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Redundancy

  • 25-04-2021 6:03pm
    #1
    antix80
    Registered Users Posts: 2,419 ✭✭✭


    I've been in my job 4.5 years. (these figures aren't real)

    My first role was 3 years, 30k.
    My current role is a 1.5 year contract, 60k.
    At the end of the contract my job is gone. What are the options for my employer?

    You often hear 2 weeks per year service. Could my employer just say, statutory redundancy, €600 a week, 4.5 weeks.. That's €2700. off you go.
    Or is there scope for higher redundancy?

    Could they tell me the contract is up and they'll make a new €30k a year job for me?


Comments

  • #2
    Dempo1
    Registered Users Posts: 26,916 ✭✭✭✭Dempo1


    antix80 wrote: »
    I've been in my job 4.5 years. (these figures aren't real)

    My first role was 3 years, 30k.
    My current role is a 1.5 year contract, 60k.
    At the end of the contract my job is gone. What are the options for my employer?

    You often hear 2 weeks per year service. Could my employer just say, statutory redundancy, €600 a week, 4.5 weeks.. That's €2700. off you go.
    Or is there scope for higher redundancy?

    Could they tell me the contract is up and they'll make a new €30k a year job for me?

    Tricky to be honest, 104 continuous employment required which you seem to meet albeit I'm a little concerned about why a second contract. Where you continously employed, was there a break and why a time line on employment ceasing? At a guess your continuing to be employed with no break in employment and any redundancy if applicable would be based on average earnings over the entire period.

    A useful link below but please note there's a suspension on redundancy legislation so your employer will have to offer it.

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

    Is maith an scáthán súil charad.




  • #3
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    Thanks
    The 1.5years is a maternity cover contract. No break in service


  • #4
    Dempo1
    Registered Users Posts: 26,916 ✭✭✭✭Dempo1


    antix80 wrote: »
    Thanks
    The 1.5years is a maternity cover contract

    Great but important to clarify continuous employment with employer, good luck

    Is maith an scáthán súil charad.




  • #5
    Dublin Lad2021
    Registered Users Posts: 79 ✭✭Dublin Lad2021


    antix80 wrote: »
    I've been in my job 4.5 years. (these figures aren't real)

    My first role was 3 years, 30k.
    My current role is a 1.5 year contract, 60k.
    At the end of the contract my job is gone. What are the options for my employer?

    You often hear 2 weeks per year service. Could my employer just say, statutory redundancy, €600 a week, 4.5 weeks.. That's €2700. off you go.
    Or is there scope for higher redundancy?

    Could they tell me the contract is up and they'll make a new €30k a year job for me?

    OP,

    Are you on Fixed Term Contracts or employed on a permanent contract?


  • #6
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    Dublin Lad2021 wrote: »
    OP,

    Are you on Fixed Term Contracts or employed on a permanent contract?

    What's the difference? Length of service is 4.5years


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  • #7
    Atlantic Dawn
    Registered Users Posts: 81,073 ✭✭✭✭Atlantic Dawn
    M


    A lot depends on how you moved between each role, was there any conditions on the contract as to what would happen when it expired? Most companies when financially posssible will try to pay 6 weeks per year of service (statutory+4).

    If you are made redundant the target amount I would look for would be...
    Role 1 - €596 a week x18 = €10385
    Role 2 - €600 a week x9 = €5400
    Total - €15,785

    (€600 a week is the max you can deem as a weeks salary for redundancy purposes)


  • #8
    3DataModem
    Registered Users Posts: 3,939 ✭✭✭3DataModem


    Atlantic Dawn wrote: »
    (€600 a week is the max you can deem as a weeks salary for redundancy purposes)

    That's only for statutory redundancy. There's no actual limit if a company chooses to pay more.


  • #9
    AndrewJRenko
    Registered Users Posts: 28,324 ✭✭✭✭AndrewJRenko


    antix80 wrote: »
    What's the difference? Length of service is 4.5years

    Does your current contract have a time period (12 months) or an end date specified in the contract?

    If it does, they're not required to pay any redundancy, because this isn't a redundancy situation. It's just the contract coming to the expected end.


  • #10
    Dempo1
    Registered Users Posts: 26,916 ✭✭✭✭Dempo1


    AndrewJRenko wrote: »
    Does your current contract have a time period (12 months) or an end date specified in the contract?

    If it does, they're not required to pay any redundancy, because this isn't a redundancy situation. It's just the contract coming to the expected end.

    This was my initial concern (no break between 2 employment periods), OP seems to be suggesting second contract was fixed and as such may not be considered under redundancy legislation, however if there was no break in employment it could be argued continously employed for redundancy purposes. I only mention this as a concern as I'm aware of previous disputes were new fixed term contracts introduced after prolonged employment had been used to circumvent redundancy entitlements.

    In essence, looking at original post, OP would be entitled at a minimum to return to old role or be entitled to redundancy, the question remains, for full service time frame or just first period?

    Is maith an scáthán súil charad.




  • #11
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    Hey all. Thanks for the replies. Tbh i was just wondering what happens in these circumstances.

    In reality, I've given notice at work. They'd keep me beyond the 18mths but the contract had some amateurish terms in there l was disgusted with 16mths ago but i wasn't in a position to decline it.
    I figure 16 mths is enough.
    I'd consider working the extra 2 in a redundancy situation but lacking that I'm out of there.


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  • #12
    Interested Observer
    Registered Users Posts: 12,999 ✭✭✭✭Interested Observer


    If the person is coming back from mat leave to take the position the OP was covering for the surely the position is not being made redundant?


  • #13
    Dempo1
    Registered Users Posts: 26,916 ✭✭✭✭Dempo1


    antix80 wrote: »
    Hey all. Thanks for the replies. Tbh i was just wondering what happens in these circumstances.

    In reality, I've given notice at work. They'd keep me beyond the 18mths but the contract had some amateurish terms in there l was disgusted with 16mths ago but i wasn't in a position to decline it.
    I figure 16 mths is enough.
    I'd consider working the extra 2 in a redundancy situation but lacking that I'm out of there.

    You are aware redundancy will not apply or have to be offered if an employee has given notice or leaves of their own fruition?

    Is maith an scáthán súil charad.




  • #14
    antix80
    Registered Users Posts: 2,419 ✭✭✭antix80


    Dempo1 wrote: »
    You are aware redundancy will not apply or have to be offered if an employee has given notice or leaves of their own fruition?

    I'm aware

    Are you aware the term is "own volition"?


  • #15
    Dempo1
    Registered Users Posts: 26,916 ✭✭✭✭Dempo1


    antix80 wrote: »
    I'm aware

    Are you aware the term is "own volition"?

    Indeed I am, as in creating this thread of your own volition when as you've stated belatedly you'd actually had given notice and in essence didn't really need any answers or advice as redundancy was never actually relevant.

    Good luck

    Is maith an scáthán súil charad.




  • #16
    MojoMaker
    Registered Users Posts: 4,520 ✭✭✭MojoMaker


    You are aware now you mean :rolleyes:


  • #17
    Caranica
    Registered Users Posts: 10,000 ✭✭✭✭Caranica


    Redundancy doesn't apply to fixed term contracts that come to the end of their lifespan.


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