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Being replaced - what are the rules?

  • 08-07-2020 1:05pm
    #1
    Vonnie14
    Registered Users Posts: 4 ✭


    Hi guys,

    Can an employer hire a company to do your job, without telling you or discussing options with you, then let you go citing the reason as downturn in the economy?

    This hasn't happened yet but I have reason to believe my employer may be trying to do something similar to myself and another colleague and I would just like to have some idea of what he can and can't do.

    I have worked there for nearly 3 years and was never given a contract, neither was my colleague so I don't know how that effects us either. Any help would be greatly appreciated!


Comments

  • #2
    GerardKeating
    Registered Users, Registered Users 2 Posts: 7,709 ✭✭✭GerardKeating


    Vonnie14 wrote: »
    Can an employer hire a company to do your job, without telling you or discussing options with you

    Basically, YES.
    Vonnie14 wrote: »
    then let you go citing the reason as downturn in the economy?

    Basically, NO. if they replace you with a new hire, or outsource your role, then you should be entitled to redundancy.


  • #3
    nibtrix
    Registered Users, Registered Users 2 Posts: 1,305 ✭✭✭nibtrix


    GerardKeating wrote: »
    Basically, NO. if they replace you with a new hire, or outsource your role, then you should be entitled to redundancy.

    Technically I think you should be TUPE'd over to the new company. I've gone through it myself in an outsourcing situation.

    If the role was changed significantly as part of the outsource so that the same role/level technically didn't exist, then redundancy could come into play.

    Even if they "let you go citing a downturn in the economy" they have to pay redundancy as you've been there over 2 years - written contract or not doesn't come into it.


  • #4
    _Brian
    Registered Users, Registered Users 2 Posts: 18,617 ✭✭✭✭_Brian


    If they make a significant change to the Responsibilities of the contractor being brought on them it would be hard to make a case that your specific role still exists.


  • #5
    ted1
    Registered Users, Registered Users 2 Posts: 23,648 ✭✭✭✭ted1


    GerardKeating wrote: »
    Basically, YES.



    Basically, NO. if they replace you with a new hire, or outsource your role, then you should be entitled to redundancy.

    I don’t believe you can be made redundant if your job is still being done.


  • #6
    Mrs OBumble
    Registered Users, Registered Users 2 Posts: 26,082 ✭✭✭✭Mrs OBumble


    ted1 wrote: »
    I don’t believe you can be made redundant if your job is still being done.

    You can if its being done by someone who is also doing other things.


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