# About to be made redundant - Some Particular Grey Area Legal Advice Required



## ethanryan (26 Apr 2012)

Hi All,

I am in an unusual situation and I was hoping for some advice if possible. 

I began employment in May(10th) 2010 and I am about to be made redundant. I have not received formal notice in writing although the 'distinct prospect' of this was discussed in an informal meeting last month but it was in no way definite but a statement of were the company is. I have received nothing in writing to date. I am at 103 weeks continuous employment at the end of this month i.e. Tuesday and there is a meeting scheduled for then. I expect the axe to fall. Redundancy or severance has not been discussed at all.

The notice period in my contract of employment is 1 month for both sides. The area of concern is that a meeting did take place and redundancy was discussed, could this be construed as notice or do I HAVE to get this in writing? If so that period of notice takes me above the 104 week period so I should be entitled to a redundancy payment.

Any help here would be greatly appreciated.

Thank You


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## Nutso (27 Apr 2012)

They have to give you notice as per your contract of employment and if this brings you over the 104 weeks continuous service then you are entitled to a redundancy payment.


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## ethanryan (27 Apr 2012)

Nutso said:


> They have to give you notice as per your contract of employment and if this brings you over the 104 weeks continuous service then you are entitled to a redundancy payment.



Does that have to be in writing? Some sources have said it does and some it does not. I have received nothing formal yet.

Thanks.


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## mandelbrot (27 Apr 2012)

ethanryan said:


> Does that have to be in writing? Some sources have said it does and some it does not. I have received nothing formal yet.
> 
> Thanks.


 
A quick phone call or email to this crowd might get you the answers you need:

*Workplace Relations Customer Services*

(formerly Information Services of the National Employment Rights Authority)
Department of Jobs, Enterprise and Innovation 
O'Brien Road 
Carlow 
Ireland 

*Opening Hours:* Mon. to Fri. 9.30am to 5pm 
*Tel:* (059) 917 8990 
*Locall:* 1890 80 80 90 
*Homepage:* http://www.workplacerelations.ie/en/


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## ethanryan (27 Apr 2012)

Grand thanks for that, I rang Citizens Information and they were unsure, i'll ring these


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## ang1170 (27 Apr 2012)

Quote from the relavent Act (my emphasis):

"An employer who proposes to dismiss by reason of redundancy an employee who has not less than four years service with that employer shall, not later than two weeks before the date of dismissal, *give to the employee notice in writing* of the proposed dismissal and send to the Minister a copy of that notice."

There's plenty of information and advice at:

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


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## ethanryan (30 Apr 2012)

ang1170 said:


> Quote from the relavent Act (my emphasis):
> 
> "An employer who proposes to dismiss by reason of redundancy an employee who has not less than four years service with that employer shall, not later than two weeks before the date of dismissal, *give to the employee notice in writing* of the proposed dismissal and send to the Minister a copy of that notice."
> 
> ...


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