# Redundancy rights/probationary periods



## Lost (2 Jul 2008)

I would be intrigued to hear some views on the following situation. 

John commences employment in Feb 08 having being poached from his previous employer by his current employer. John enters contract with new employer, which is subject to the company standard probationary period of 6 months. Economic cycle takes it toll & work which John was originally brought into to specialise in is not as plentiful. In accordance with company rationalisation, John’s position is highlighted and he is ‘advised’ to look for alternative work. Nothing in writing produced merely internal meetings, which occurred within the probationary period. What is John’s position……………..: 


From a notice point of view (standard notice in contract is 6 months by both sides) ?
From an entitlement point of view ?
In addition to the above it should be noted that John had a guaranteed year 1 bonus provided for within his contract which would not be payable until March 09.


----------



## Complainer (2 Jul 2008)

Is this a homework assignment?


----------



## Lost (2 Jul 2008)

sadly not - on the contrary it is a very live situation.


----------



## Ris (2 Jul 2008)

Complainer said:


> Is this a homework assignment?


 
Sorry Lost, I know this is a serious issue but I just spluttered my coffee all over the place when I read this. 

On a more serious note I dont think John has any comeback if they decide to let him go, given that he is still within his probationary period


----------



## Dee101 (2 Jul 2008)

Unless John has been employed by the company for 2 years he has no rights in relation to a redundancy package.
 If John is still within his probationary period then they can let him go at any stage unfortunately.


----------



## Persius (5 Jul 2008)

AFAIR, the "probation period" is actually 12 months by law, irrespective of what your contract says. Does the notice period of 6 months also apply during the probation period? You'd need to check the contract for that. Anyway, if it does, then he should look for six months pay should they make him redundant. And also try to get at least a percentage of the guaranteed bonus based on how long he was working with the company.


----------



## rmelly (5 Jul 2008)

I doubt he'll get either.


----------



## Complainer (6 Jul 2008)

Persius said:


> AFAIR, the "probation period" is actually 12 months by law, irrespective of what your contract says.


I'm pretty sure there is no probation period specified in law. There is the 12 month period where unfair dismissals legislation does not apply, but that's not the same thing.


----------



## Mpsox (7 Jul 2008)

Persius said:


> AFAIR, the "probation period" is actually 12 months by law, irrespective of what your contract says. Does the notice period of 6 months also apply during the probation period? You'd need to check the contract for that. Anyway, if it does, then he should look for six months pay should they make him redundant. And also try to get at least a percentage of the guaranteed bonus based on how long he was working with the company.


 
There is no probationery period set down in law. Attached is from the citizens information web site

http://www.citizensinformation.ie/c...ontracts-of-employment/contract_of_employment


----------



## Blinder (7 Jul 2008)

Dee101 said:


> Unless John has been employed by the company for 2 years he has no rights in relation to a redundancy package.



Do you have a link to this information?
What happens in this case? Person is just given notice and paid for the notice period? 
thanks


----------



## dazza21ie (7 Jul 2008)

Sounds like the employer is trying to get John to jump ship without being pushed "advised to look for alternative work". He isn't working long enough to get redunancy he would be entitled to his notice period under the contract if asked to leave after the probationary period is up.


----------



## Renbar1 (7 Jul 2008)

Lost said:


> I would be intrigued to hear some views on the following situation.
> 
> John commences employment in Feb 08 having being poached from his previous employer by his current employer. John enters contract with new employer, which is subject to the company standard probationary period of 6 months. Economic cycle takes it toll & work which John was originally brought into to specialise in is not as plentiful. In accordance with company rationalisation, John’s position is highlighted and he is ‘advised’ to look for alternative work. Nothing in writing produced merely internal meetings, which occurred within the probationary period. What is John’s position……………..:
> 
> ...


----------



## Renbar1 (7 Jul 2008)

*Re: Final Pay*

Hi,

I am new to this so not sure if I am doing this right. I have handed in my notice giving one month as per my contract. I am paid monthly (last friday of each month) which would mean my final pay day is 25th July. However, my employer wants me to work until the following Thursday 31st July. Which is correct?


----------



## WaterSprite (7 Jul 2008)

One month would normally mean one calendar month - doesn't matter when you get paid.  On what date did you resign?

You might want to start a separate thread for this as it's not related to the original post - the mods may do this anyway.

Sprite


----------



## Renbar1 (8 Jul 2008)

How do I post a new thread?


----------



## shipibo (8 Jul 2008)

Go back a screen, and use "new thread" button


----------



## job hunt (15 Jul 2008)

A number of points arise- 1)
Probationary periods are not 1 year by law- they are whatever you agree with your employer and what is provided for in the contract. 
2)Read the contract does it provide for tremination during probation?? - this will give you your entitlement to notice. 
3)Without one years service you can not take a claim of unfair dismissal. You can take breach of contract to circuit court- id consult a solicitor, get a letter out there, issue proceedings if necessary - I would say you would get your bonus and prob a couple of months wages unless they have good and real raesons for letting you go- get these in writing also.


----------



## Lost (16 Jul 2008)

*Re: Redundancy rights/probationary periods - UPDATE*

Hi there & thanks for all the input. this matter has not been fully concluded but it looks like there will be a settlement of some description, made up of an element of the bonus entitlement & a number of months salary - all provided in one bullet payment/settlement. 

A new query now arises - what is the most tax efficient method for this to be paid to the departing employee? Are their regulations pertaining to this or will it all simply be treated as income even though the employee is being made redundant? 

Should it be relevant, regarding transparency etc, the employer is a plc. thanks


----------

