No Written Notice of Redundancy.. Payment in Lieu?

if you have 15 years of service. You are entitled to 31 weeks statutory redundancy at a max of €600 per week. If the 8 weeks at a higher rate is more that may be better.

You should get paid up to and including your notice period if not worked/paid.

Yeah something sounds off here, the statutory redundancy is 2 weeks per year served capped at €600 per week.

Your employer can pay additional money on top of this which is likely what you're referring to the 8 weeks but it still doesn't add up

When I was made redundant I had to sign a compromise agreement with my employer. Basically the agreement said that it would settle all legal disputes between us in future and they would give me money to compensate me

That agreement included my final date of work so would effectively work as notice of termination. I did receive written notices of being in danger of redundancy, individual consultation with HR and written communication that I was being made redundant before all this

The notices don't have to be letters, a PDF attached to an email is sufficient. HR would also ask for acknowledgement from me to ensure I'd received and read the notices

All told the process probably took 4 months until my employment ended. My employer decided to pay me in lieu of notice, this is possibly why they seem to be ending without notice in your case. You might actually be put on garden leave while your redundancy is being processed, you'll need to check this as you can't take on another job during this time

You'll also want to send copies of all letters and emails concerning your redundancy to your personal email account

You should also have been given an opportunity to seek legal advice, if your exercised this then your solicitor should have gone through the details with you

also is everything else in order? If they can’t issue notice correctly then how are they doing everything else?

Have they gone through the tax side of it with you? Your option in regards to your redundancy payment? Are you getting any ex-gratia payments?

But you’ve got no written statement stating your finish date etc? I am open to correction but a verbal finish date / agreement doesn’t sound legally standing, I was under the impression that you receive written communication of your finish date etc. so you got 2 weeks verbal notice and tomorrow that’s up and you’re finishing then? What if you’ve to give social welfare proof of end of employment to start your claim your JSA etc.?

Great answer for a larger company situation.

The requirements are different for smaller situations.

Had a situation 2 years ago with a really reputable company where i was made redundant . I was entitled to 3 months notice but i was verbally told six months before hand of my finishing date . Anyway with two months to go HR realised they had mistakenly not given any written notice and because of corporate structures and job relocation's needed me off of their books by the original verbal date.

They gave me what was called a pylon payment to cover one month which was unwritten notice and then gave me written notice for the other 2 months which essentially meant i got 3 months pay for two months work but finished on the date they wanted

Essentially any good company can if they want ignore your notice period by just paying pylon payments but your official notice date only starts with the correct documentation which is a notice of redundancy , anything verbal is hearsay

They are not different for a small company, the law applies equally.

A small business owner can't turn around to the WRC and claim that the redundancy process was "too difficult" and just skipped a bunch of parts

It doesn't at all sound like gardening leave. He is being made redundant. Gardening leave is something else entirely.

He is not require to compensate you for lack of written noticed. He is required to give you notice in writing. He can pay you in lieu of notice. It's started on Citizens Information page. It's also stated in the Minimum Notice and Terms of Employment Act, 1973.

You are entitled to 8 weeks notice and 31 weeks redundancy. I'd be expecting to be paid 6 weeks notice, you could push for 8 as it was not in writing. But as you've been aware for months it was coming, and acknowledged it was given verbally 2 weeks ago I think it's fair.

FWIW, its strange that everyone was made aware months ago and the employer still missed the notice period by weeks. Is there any chance that you were sent notice by letter and didn't receive it. Perhaps it went to an old address they have on file?