# Employer refusing to supply Form RP50 - notice of redundancy



## monalisa32 (26 Feb 2009)

Any advice appreciated folks. It will be 4 weeks this coming Monday since my partner was let go - had been in the job for 12 years - small contractors. He was given a letter confirming having been let go and was able to sign on. 

We are of the understanding that after 4 weeks lay off, the employer must offer 13 weeks paid work or offer redundancy. Over the last week, the employer is not contactable - we have been phoning constantly to find out the story. This morning, my partner received a letter from his employer in the post stating that there was no work available next Monday and he would be 'in touch'.

He is being very cagey and our fear now is that he will not sign the RP50 form / ignore calls / letters.

Whay should he do now at this juncture? Should my partner formally write to the boss requesting it? What if he doesn't sign it, even though he is oblidged to? 

If he ignores the request (which we suspect he will do) do we send the RP50 form to him with part B filled out?

When does form RP77 come into the equation?

I was phoning National Employment Rights Agency today but were on strike. 

Our backs are to the wall financially and were up the walls as a lot of people are. Any advice would be really really appreciated. Thanks.


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## Calebs Dad (26 Feb 2009)

*Claiming redundancy*

If a lay-off or a short-time situation exists and has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, the employee may give you notice in writing of their intention to claim redundancy under the Redundancy Payments Acts 1967-2007. They must do this no later than 4 weeks after the period of lay off or short time has ended.  
Unless you give you a counter-notice within 7 days of this notice, the employee may be entitled to a redundancy payment provided that they qualify for redundancy.  If you give your employee a counter-notice within the allotted time, it must be to the effect that *within 4 weeks of the date of the claim for redundancy*, it will be possible, to offer not less than 13 weeks work without lay off or short time.
You should note that if you claim redundancy in this way you are considered to have left your job voluntarily and therefore you will lose any right to notice from your employer under the Minimum Notice and Terms of Employment Acts 1973-2001. However if you have been laid off and you are subsequently made redundant by your employer you do not lose your notice entitlements.


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## monalisa32 (26 Feb 2009)

Thank you Calebs Dad


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## Calebs Dad (26 Feb 2009)

You should use the RP9 form to do all of this


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## monalisa32 (26 Feb 2009)

Again, thank you Calebs Dad.

Quote:

'Where an employee put on lay-off or short-time working by his or her employer claims redundancy from that employer, s/he may do so on Form RP9 (a non-statutory form).'

does this have to be sent to the employer within the 4 week lay off period? If so we'll need to get the skates on as the 4 weeks is up on monday

Do you know what the difference between this and the RP50 is? 

I know I may be incredibly dumb but I really want to not allow this employer to mess us around and want to have all avenues covered.

Thanks again


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## Calebs Dad (26 Feb 2009)

*Form RP50 may be used in the following  instances:*



Employer's Claim for Rebate from the Social Insurance Fund -  when the employer has paid statutory redundancy to an employee/employees, the  form RP50 should be completed to claim for 60% rebate of the statutory lump  sum(s) paid.
Employee's Application for Lump Sum from the Social Insurance  Fund - when an employee has been made redundant but the employer has failed to  pay the statutory redundancy lump sum, the employee can apply, on this form, to  have the lump sum paid from the Social Insurance Fund.
Where the employee's entitlement to redundancy has been  established by a decision of the Employment Appeals Tribunal, the employer has  failed to effect that decision, and the employee then claims his/her statutory  redundancy lump sum from the Social Insurance Fund. Where, however, the employer  has effected the decision of the Employment Appeals Tribunal and subsequently  claims a rebate from the Social Insurance Fund, a completed RP50 is required.  
Get the RP9 form filled in and sent by registered post to the employer


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