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Redundancy Question

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  • 11-07-2020 3:00pm
    #1
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭


    So, short summary is: I have worked at the company for approximately 8 years. We were "temporarily laid off" in March due to the pandemic, and there is now talk about us going back to work part-time in September.

    Would I be right in saying that as we would only be part-time, and it has been several months since the layoff, that the work I begin in September would effectively be a new position and I'm entitled to a redundancy payment? If I take the new role and don't push for a payment, is there a chance I could (unintentionally) permanently relinquish such a payment?

    I definitely don't want to make things acrimonious with the company, even if I go somewhere else entirely rather than go back, but I am quite sure they don't have the money and I would have to get it paid by the government. I don't want to cause problems for the company but I also don't want to throw away eight-years of my life and the nice tidy (tax free) sum that I'm entited to for being made redundant.

    As for the company not being able to afford it: is it literally a case of them having to shutter the company and declare themselves incapable of paying their debts before the government will pay the redundancy? Or is it enough to just show it would be an unsustainable burden?

    Advice welcome please, thank you.


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    #2
    silent_spark
    Registered Users Posts: 461 ✭✭silent_spark


    There’s legislation in place to disallow employees forcing redundancy during Covid. I’m unsure of the end date of the legislation, but it’s unlikely there will be a redundancy scenario unless your employer separately decides to make your role redundant.


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    #3
    Zillah
    Registered Users Posts: 17,371 ✭✭✭✭Zillah


    silent_spark wrote: »
    There’s legislation in place to disallow employees forcing redundancy during Covid.

    I'm not sure what this means. If the company can't afford my salary and lays me off, is that not redundancy? In what way is it being "forced"?

    I'd actually be relatively happy if I knew that if I went back it counts as a continuation of my old employment and therefore the last 8 years don't get wiped out if I am made redundant later on, for example.

    EDIT: Did some more research. Apparently the normal redundancy rules are suspended until August 10th. What exactly happens after than I am not sure...maybe you start counting August 10th as the first day of your layoff, and redundancy applies 4 weeks after that?


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