# Employer can't pay redundancy



## Glan (31 Mar 2010)

Hi,

My Dad was given 8 weeks notice about 4 weeks ago and is entitled to statutory redundancy.   He has worked for the same employer for 18 years.  Today the employees were told there is no money there to pay their redundancy.

I understand there is a fund with the Dept of Enterprise & Trade for situations likes this.

My question is how long would it take to get the redundancy off them.  I imagine there is a huge back log.

Thanks in advance


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## gillarosa (1 Apr 2010)

Its very protracted, at least six months maybe even longer at the moment. How is the Employer sidestepping their obligation, are they liquidating or something? www.redundancy.ie has some very useful information. The best plan of action is to have all the paperwork he needs ready when it comes time to claim both for Redundancy and UB. The faster the claim is submitted the faster its paid.


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## jack2009 (1 Apr 2010)

You can send an RP50 to the department showing that your dad is due x but has not been paid anything.  The employer will also have to get an accountants certificate showing that the comany is insolvent and unable to pay the statutory redundancy.

If the employer is not helpful then complete an RP77 and send it to the employer and the Department of Enterprise in order to get a date for an Employment Appeals Tribunal Date, it could take around 6 months.  Once the tribunal finds in your dads favour the Department will pay the redundancy.


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## NHG (1 Apr 2010)

The department are a disaster to deal with....

On the other side, we (an employer) sent in a redundancy rebate claim which was firstly registered on line when the employee was given 8 wks notice and then sent in the documentation by registered post when the employee finished up and received his redundancy payment in full.  It was registered on their system on the 15th of June 2009 (which was immediately as employee finished up on the 12th of June), on the web site it says that they are now dealing with August 2009 claims - we still have not received aprox €10k of a rebate and when i ring they tell me that it has been approved and is gone for payment and we should have it in a few WEEKS - they have now been telling me the same thing for the last 3 weeks and again yesterday I was told a few weeks. Its a day to day balancing act trying to keep a business up and running without this kind of treatment from our government departments.

Hopefully we won't have to make anyone else redundant, but it is very hard for small businesses to survive when the government can hold onto your money for so so long, when we have to pay them Vat or PAYE/PRSI it has to be monthly by direct debit - seem to be one rule for collecting but a totally different one for refunding....  

I don't envy your situation trying to find out if and when you will receive your money, but I do see why an employer would not be in a position to be able to give the employee the redundany cheque in full on the day they finish. 

They are a disaster to deal with.....


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## greenfield (1 Apr 2010)

NHG - For future reference - Revenue will consider allowing you to offset the statutory rebate against your tax liabilities


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## derivs (9 Apr 2010)

greenfield said:


> NHG - For future reference - Revenue will consider allowing you to offset the statutory rebate against your tax liabilities



Would you be able to quote any references for this? My accountant can't seem to find anything that supports this and when I phone the IR they tell me they have not heard about it.

As an employer we dealt with the Insolvency Service and not the RPO and we have not had a great deal of success with them either. Does anyone know if the 2 are related in any way (abart from both being Govt)?


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## papervalue (9 Apr 2010)

derivs said:


> Would you be able to quote any references for this? My accountant can't seem to find anything that supports this and when I phone the IR they tell me they have not heard about it.
> 
> As an employer we dealt with the Insolvency Service and not the RPO and we have not had a great deal of success with them either. Does anyone know if the 2 are related in any way (abart from both being Govt)?


 
[broken link removed] link does not appear to work

hit link go to site search- type in redundancy  rebate and it will come up

follow link above of method used to offest redundancy rebate against tax


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## NHG (12 Apr 2010)

Just an update from my previous post... Just received in today's post the refund cheque exactly 10mths to the day since I posted the claim to them.

I tried to off-set it last Nov/Dec and they would not allow it, said that there was no such facility.


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## ckc123 (8 Dec 2010)

*length of time to get redundancy refund?*

Just wondering if it still takes 10 months to get the redundancy refund from the government, or if they have speeded it up at all?

Thanks


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