# Redundancy - employer didnt notify



## 1ofreviewer (28 Oct 2010)

Hoped someone may be able to help with a problem I have with Redundancy. I was working for 5 years for a contractor company as a labourer paying taxes, prsi etc as I was employed, not self employed. The company I was working for wasnt getting paid for its work and after 3 months of a wk here and there pay our employer said it was best for us (everyone that worked or him) to leave as there was no money coming in to pay us. Now it came as a stock and I went lookimg for a new job which I got lasr feb luckily. 

Problem is that I thought my old employer was sorting all the redundancy out but it seems he wasnt (sure it was no benefit to him to get me my state redundancy). Hoping someone may be able to tell me if I'm too late or can anything be done ? Please.. 

Thanks


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## greenfield (29 Oct 2010)

When did you finish work?   Was your employment ever actually terminated?  Was a P45 issued?


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## 1ofreviewer (29 Oct 2010)

Hi greenfield, finished last feb and no'one was given a P45, he just said that we wont be getting paid and to find work elsewhere, i consider that been laid off but he was more involved in tryin to get paid more than looking after us so no P45's and since we did'nt know about statutory redundancy.Couple of us have been tryin to get some straight answers from our old employer on these questions but nothing so far !!


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## Marietta (29 Oct 2010)

What have you been doing since last February, surely you needed the P45 to sign on for benefits. That was nearly 8 months ago, how have you been able to support yourself and why didnt you make a complaint to revenue in that period of time
??


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## greenfield (1 Nov 2010)

1ofreviewer -from what you said it does sound like you were put on lay off - at this stage I would issue your employer with a Form rp9 - part B () which sets out your claim for redundancy.   Your employer either brings you back to work for at least 13 weeks (see  for more detail) or conceeds a redundancy.   Send the form by registered post.  If he does not reply within 7 days you should then lodge a claim for redundancy with the employment appeals tribunal.   BTW, if you serve this form you are giving up your right to minimum notice.   If he counter offers work, and you refuse it, you may lose your entitlement to statutory redundancy.


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## 1ofreviewer (11 Nov 2010)

Marietta, as I said in the post I got a job in Feb so I've been working.

GreenField, thanks for the information, I've done this face to face and gave him a form that cizten information supplied.  He asked his accountant about it and says that the company has no money and I've had no offer of work. I'm going to follow citzens advice and make a direct application but will my employer be impacted. I dont want to cause trouble but I do want to get paid my statutory redundancy, what happens if I apply directly since I only have 12 months to do this and want to have it finished by the new year. All help greatly appreciated. Thanks


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## greenfield (12 Nov 2010)

If his accountant will make a written submission to the department of enterprise trade and innovation (DETI) that he cannot afford the statutory redundancy, it will be paid by a fund in the department.   (question 1 - )


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