Employment Law Solicitors Dublin, Employment Lawyer Ireland, Employment Law Legal Advice Ireland

In order to qualify for a redundancy payment an employee must have worked continuously for an employer for a period of at least two years (104 weeks).

The main points to consider when seeking redundancy payments:

  • You must receive a Redundancy Certificate from the company. This must be given to the employee not later than the date on which the dismissal / redundancy takes place.
  • There must be legitimate reasons for Redundancy
  • You must receive sufficient notice of Redundancy and the reasons why.
  • Redundancy must not be based on any of the following grounds:
  • Membership/Trade Union Activity
    • Religious/ Politician Opinions
    • Civil proceedings against the employer
    • Race
    • Sexual Orientation
    • Age
    • Membership of the traveling community
    • Pregnancy
    • Gender
    • Family Status
    • Marital Status
  • A lump sum redundancy payment is payable to the employee and is calculated as follows:
    (a) Two weeks pay for every year of service subject to a statutory limit of €600
    (b) In addition, the equivalent of one week’s normal pay subject to a statutory limit of €600

This is best illustrated by an example. Jim has been working for 4 and ½ years.

Therefore he is entitled to :

(4 years x 2 Weeks) = 8 Weeks +
(1/2 year x1 Week) = 1 Week +
1 additional week
= 10 Weeks.

Frequently Asked Questions:

Q1. My employer made me redundant but has replaced me with someone else – what should I do?
It would seem that this is not a genuine redundancy and instead a case of unfair dismissal. You should immediately contact us and we can assist you in making an application to the Rights Commissioner. All applications must be taken within 6 months, this can be extended to 12 months in exceptional circumstances.

Q2. I have not received my full statutory redundancy entitlements – what should I do?
All disputes in relation to redundancy payments should be taken to the Employment Appeals Tribunal within 6 months, but can be extended to 12 months in exceptional circumstances.

Q3. How long will it take and how much does it cost?
The length of time it takes to get a hearing date depends on whether you are making an application to the Rights Commissioner or the Employment Appeals Tribunal. Generally the Rights Commissioner will hear applications within 7 months but the Employment Appeals Tribunal can take up to 14 months. The cost starts at €900 plus VAT and again depends on the circumstances of the case and how long it is likely to take.

Let us advise you on your Employment Law issues.

Call us on 01 679 7930 or email us

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