# Redundancy 2 weeks before 2 years service



## Susan Devitt (25 Aug 2016)

Hi

My other half has been told verbally that he is being let go from his job.  this is 2 weeks before he reaches his two years of service (and therefore we're gathering he wont be entitled to any redundancy)

He hasnt been given any notice in writing yet, just a phonecall?

Does anyone have any advice? 

Someone mentioned if he is off ill for the next two weeks and they are unable to give him his written notice, this will get him over his two years and may get him his redundancy entitlement??

Any help gratefully received as we really could do with the redundancy payment if he's going to be out of work


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## thedaddyman (25 Aug 2016)

I presume you are referring to statutory redundancy here in which case he is entitled to a max of €3k after 2 years services. Any company scheme entitlement will be dependent on the rules of that company scheme

Your OH is entitled to 2 weeks notice, see below

[broken link removed]


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## Susan Devitt (25 Aug 2016)

Thanks. Yes we want to see can we get him to being employed over two years so he can even get the statutory redudancy. but he is still over two weeks away from reaching his two years service. Should he go ill for the next two weeks so they cant give him written notice or will it matter either way?


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## thedaddyman (25 Aug 2016)

Susan Devitt said:


> Thanks. Yes we want to see can we get him to being employed over two years so he can even get the statutory redudancy. but he is still over two weeks away from reaching his two years service. Should he go ill for the next two weeks so they cant give him written notice or will it matter either way?



His redundancy date will be the date he leaves, not the date notice is served. Hence if he is required to be given 2 weeks notice then that should take him past 2 years. As for hiding from his employer, they can always post or hand deliver a letter to your door.


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## stephnyc (29 Aug 2016)

agree with daddyman. how much notice is required? if it's 2 weeks+ he will be entitled. If not, you're probably out of luck.

I'm surprised how many times I've heard a similar story of people being let go just before statutory redundancy kicks in recently (3 people in the last couple of weeks - i didnt know this was a problem, as usually good staff are hard to find)


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## Setanta12 (29 Aug 2016)

In such a scenario, you would have to question if a real redundancy situation existed.


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## mtk (2 Sep 2016)

Setanta12 said:


> In such a scenario, you would have to question if a real redundancy situation existed.



Plus 1

Unfair dismissal etc rights kick in after a year afaik

Any "history "  etc ?


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## newtothis (4 Sep 2016)

There's useful information at:

http://www.citizensinformation.ie/e...ent_and_redundancy/redundancy/redundancy.html

and

http://www.citizensinformation.ie/e...undancy/redundancy/redundancy_procedures.html

See also:

http://www.citizensinformation.ie/e...nd_redundancy/dismissal/unfair_dismissal.html

In most cases unfair dismissal procedures kick in after 12 months. It sounds like proper procesures aren't been followed for the redundancy (prior consultation etc.), in which case an unfair dismissal claim could be in order.


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## MollyMe1 (17 Sep 2016)

just looking for some employment law advice too.... 

Last year I took a step up role on a maternity contract. Then went on maternity leave myself. While off on maternity leave the person whose job I acted up in last year announced pregnancy. Her job was not advertised internally or externally and was filled same week I returned to work. External candidate given job but no experience in similar role and I am now training her as well as doing my own job. Do I have any rights? Employee handbook says must advertise role internally unless ideal candidate exists externally but candididate have no system knowledge, management experience or experience in this type of role...


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