Your Rights
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I have less than 1 year's service
If you have less than 1 year's service, you have very few rights. You are not covered by the Unfair Dismissal Acts, so you can't claim unfair dismissal or unfair selection for redundancy at the Employment Appeals Tribunal.
You do not qualify for a statutory redundancy payment.
You are entitled to two weeks' notice of redundancy or more if your employment contract specifies more. Theoretically the employer could dismiss you and would only have to give you one week's notice.
I have less than 2 years' service
You are covered by the Unfair Dismissals Act, so the redundancy must be genuine and the selection must be fair.
You do not qualify for a statutory redundancy payment.
You are entitled to two weeks notice of redundancy or more if your employment contract has a higher notice period.
Notice
Under the Redundancy Payments Acts and the Minimum Notice and Terms of Employment Act, the following minimum notice applies
|
Years service |
Minimum Notice |
|
Up to 5 years |
Two weeks |
|
5 to ten years |
4 weeks |
|
10 to 15 years |
6 weeks |
|
Over 15 years |
8 weeks |
If your employment contract specifies a longer period, then the longer period takes precedence.
Can I leave before the notice expires?
Yes. Fill in form RP6. You are still entitled to your redundancy payment.
How much statutory redundancy am I entitled to?
You have to have a minimum of 2 years service.
You will get two weeks salary for every year + one bonus week.
If you earn more than €600 per week, it is calculated based on €600 per week.
So for someone with 4.5 years service who earns €800 per week
|
Two weeks for every year 2 x 4.5 |
9 weeks |
|
Plus one week |
10 weeks |
|
multiplied by maximum weekly salary |
€600 |
|
= Statutory Redundancy |
€6,000 |
Try our simple redundancy calculator.
But some employers pay huge lump sums to their employees?
This is at the discretion of the employer and is often demanded by the Trade Union. But you have no right in law to any payment other than the statutory redundancy payment.
You are entitled to reasonable time off to look for a job
Your employer is obliged to give your reasonable time off to look for a job.
You are entitled to be fairly selected for redundancy
Check out this article: Redundancy of Unfair Dismissal?
Can I be made redundant while pregnant?
Yes. But an employer should not select you for redundancy because you are pregnant. Fuller discussion
Can I be made redundant while on maternity leave?
Your employer is not allowed to give you formal notice of redundancy while you are on maternity leave or extended maternity leave.
On your return from maternity leave, your employer will give you formal notice and your date of redundancy will be the date that the notice expires. This would be minimum notice set out in the Redundancy Acts or the notice period set out in your contract if that is higher.
Your employer can and should inform you that you will be made redundant on your return.
You should probably take the maximum extended maternity leave as you will continue to accrue holiday pay and the statutory redundancy will be higher as your length of service will be higher.
Collective Redundancies
Where the company is making a large number of employees redundant, they must give the Minister 30 days' notice and consult with the unions or employees to see if there are any alternatives to redundancy.
A large number is defined as follows:
|
Number of employees being made redundant during any 30 day period |
Number being made redundant |
|
Between 20 and 49 |
5 |
|
Between 50 and 99 |
10 |
|
Between 100 and 299 |
10% |
|
More than 300 |
30 |
The issues to be discussed include:
- Possibility of avoiding redundancy
- Selection process
- Reasons for redundancy
- Categories of employees to be made redundant
- Any ex-gratia payments
Solicitors and consultants who help employees with claims
What option is open to an employee when their employer disputes their right to a lump sum?
They can bring a case to the Employment Appeals Tribunal under the Redundancy Payments Acts, 1967 to 2003. The Tribunal is an independent body and provides a speedy, fair, inexpensive and informal means for individuals to seek remedies for alleged infringements of their statutory rights, including rights to their correct statutory redundancy payment. (source: DETE FAQ)
What happens if an employer refuses to pay redundancy?
The employee should first send him Form 77, applying for a redundancy payment. If the employer continues to refuse, but agrees to fill out and sign RP50 (redundancy Certificate), thereby acknowledging the employee's right to a payment, as opposed to actually making the payment, the employee can then apply to Redundancy Payments Section of the Department for payment from the Social Insurance Fund (SIF). If the employer does not even agree to signing Form RP50, then the employee can apply to the EAT. If successful, they can firstly ask the employer again for payment. If he again refuses, they can apply to Redundancy Section for payment from the SIF. (source: DETE FAQ)
