# Voluntary Redundancy, what are your rights if refused?



## beady eye (22 Jun 2011)

Hi, i was wondering if anyone here could advise me. Our company is in consultation process and asked for *voluntary redundancy *to all staff *statutory payments offered. *I applied but I have been refused (i am employed only 3 years and its small lump sum amount). Their are others same contract as me who are accepted. Another member of staff *same contract *as me and is covering while i am away is put on *notice* *period *even though she dont want to be considered for redundancy and did not apply as she is only a year in the company. I know where the company is coming from and whatever (trying to save money and what not) but is there any redress available for the two of us?  (i like to take redundancy and she dont want to. And take up my position as we are on same contracts)


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## Ildánach (23 Jun 2011)

As long as the criteria do not breach any kind of discrimination law, and as long as the policy and procedures for applying are fair, then they are free to set the criteria for who is eligible for voluntary redundancy.

Of course, the terms offered can be negotiated, particularly if there is a Unionised staff in the employment.  If you're in a Union talk to them about representing you, if not, then you can make representations to the management yourself.


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## elcato (23 Jun 2011)

How about approaching them and telling them that you were thinking of 'going abroad' anyway and that you'd prefer if someone could keep their job as you might not be there that much longer ? If they say no, in the hope that you do leave, you can always tell them later you changed your mind and that you will be staying.


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## Mizen Head (23 Jun 2011)

As the Company is only offering statutory terms and you have been there only 3 years you would get a maximum payment of 4,200 ( 3 x 2 weeks per year + 1 week @ 600 pw)   As you want to leave, why not just resign?  Is it worth the stress for 4k


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## beady eye (27 Jun 2011)

Thanks for the replies.

@Mizenhead: It's money at the end of the day, if i resign i don't see any of it, i am thinking of going back in full-time education for a year then going abroad. It will come in handy paying for fees.

@elcato: if i tell them that i am leaving or moving abroad that means i am going to loose out on the payment because my employer is "mean" trying to cut cost (don't blame them), all they have to do is to wait out its like who blinks first.

@Ildánach: the process of applying is fair and open, it is statutory redundancy so all avenues are pretty much closed for asking a bit more. But this is not the issue, the process of picking out candidate for redundancy is all a mystery. There are people picked for redundancy where units are actually profit making etc. (or you are in decision makers good books to put it in mild terms)

What i mean is can i ask for more transparency either meself or via union to ask as to why Mr. A in Cork county accepted while Mr. B in Cork city is rejected even though Mr. B has Ms. C to cover that area?


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## Brendan Burgess (27 Jun 2011)

> the process of picking out candidate for redundancy is all a mystery.  There are people picked for redundancy where units are actually profit  making etc. (or you are in decision makers good books to put it in mild  terms)
> 
> What i mean is can i ask for more transparency either meself or via  union to ask as to why Mr. A in Cork county accepted while Mr. B in Cork  city is rejected even though Mr. B has Ms. C to cover that area?



The process for selection must be fair. You don't have a right to redundancy. But the other person may have a case for unfair selection. 

The company should have clear criteria and should be able to show why the other person is selected ahead of you. These criteria could include attendance record, performance, etc. 



> or you are in decision makers good books to put it in mild terms



It has to be asked why someone is the good books and why someone is in the bad books. There is usually a basis for this such as attitude to work, potential to develop, flexibility, etc.


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