# Employer Avoiding Redundancy Payment



## micsutton (16 Nov 2008)

Hi

I have worked for my employer for 9 years. Now the company is tightening its belt due to finacial situation.
I got 1 month notice 7 weeks ago, and was advised at the time by employer to get another job, abroad if necessary!
After the 1 month was up I was asked if I had got another job, I stated no I have had no luck yet.
They then stated they were canceling my notice and I would be employed on a week by week basis until I found a new job. Now the work environment conditions are being made very uncomfortable by this employer.

I am considering leaving this week for a temporary job which I was offered. Just to pay the bills as I cannot work for my current employer anymore due to pressure and the work environment. 

They believe if I get another job and leave them for another employer I am not entitled to redundancy. Is this so?


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## Complainer (16 Nov 2008)

you might need to expand on what is meant by 'severe pressure' to get sensible answers.


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## micsutton (16 Nov 2008)

"Pressure" = work load and the deteriorated working relationship with my employer, as she has made it clear she wants me to move on.


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## allthedoyles (16 Nov 2008)

of course - if you leave of your own free will, you will not get redundancy


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## Calebs Dad (16 Nov 2008)

Get Some professional advice and some representation. Are you a member of a trade union


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## micsutton (16 Nov 2008)

No not a trade union memberBut the question is am I entitled to redundancy payment.Can an employer cancel or do a u-turn at the end of the notice period to avoid payment, and then try and get the employee to leave by other means?Is an employee entitled to redundancy if a notice letter is issued and then there after they are kept on by employer on week by week basis?


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## Brendan Burgess (16 Nov 2008)

I don't know what the rules are about cancelling redundancy.

If they are making your job untenable, then you will have a good claim for constructive dismissal. Document everything that happens. 

Brendan


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## Purple (16 Nov 2008)

Brendan said:


> I don't know what the rules are about cancelling redundancy.
> 
> If they are making your job untenable, then you will have a good claim for constructive dismissal. Document everything that happens.
> 
> Brendan


Yes, it sounds very like constructive dismissal. After 7 years you deserve better. Employing you on a week-to-week basis is a change in your terms and conditions. If you are not on protective notice then this is not acceptable. Have a good look through the [broken link removed] website.


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## olddoll (17 Nov 2008)

It sounds like the company wants to avoid paying you redundancy.  You are there a long time and would be entitled to receive a sizeable amount.

I would suggest you contact the Labour Relations Commission, Haddington Road.  Tel. 01 6609662 and discuss your situation with them.  This service is free of charge and somebody there should be able to assist you and tell you what your options are and how to proceed.


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## Black Sheep (17 Nov 2008)

This looks to me like a case of constructive Dismissal (as already stated). Constructive Dismissal comes under the heading of unfair Dismissal in which the Employer has to prove that the Dismissal was* not *unfair. 
The remedies for Unfair Dismissal (if you won your case) are:-


Re- Instatement (which does not appear to be an option)
Re-Deployment   (don't know if you could be transferred to another branch
Compensation
Perhaps it might be worth bearing in mind that future employers do not look favourably on potential staff who have persued an unfair dismissal case against a previous employer

I would firstly be checking out the validity of your redundancy notice. Can that be withdrawn and a weekly contract be offerred on changed terms without your agreement


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## Bob the slob (17 Nov 2008)

Thats very cynical by saying that all employers dont look favourbly on people that bring an unfair dismissals case.  I'm sure there are some that do but I am sure there are some that dont also.


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## Black Sheep (18 Nov 2008)

This was never intended as a cynical comment, simply a point to be considered by the OP when making his decision on which route to take.

Perhaps its worthwhile listening to the comments of both employers and employees when unfair dismissal cases are highlighted in the Media


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## greenfield (18 Nov 2008)

Point of information - onus of proof in a constructive dismissal case is on the employee


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## Rigoletto (18 Nov 2008)

strange situation. 
if they put you on notice they would have started the redundancy process re:rp50 form. 
not sure why they dont just follow it through. 

if you have 9 years service that is 11,400 and they will get 60% of it back. so €4560 is all it will cost them to make you redundant. whereas paying you on this week by week basis is surely going to eat into that 4.5K. especially when they will have to pay employers prsi on your gross earnings. 

just outline the above to them and appeal to there basic sense of economics. 

if you leave your job for another job you have no redundancy entitlement. you left!


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## Patrick777 (18 Nov 2008)

As said earlier, you leave and they wont have to pay redundancy.

If they are putting you under pressure at work ... well then I'd get legal advice to see if you can get redundancy from them.


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