# Unfairly selected for redundancy & taking a case to Employment Appeals Tribunal (EAT)



## Sidetracker (24 Apr 2010)

Hi. I have been given my Redundancy notice. In my view I have been un-fairly selected for redundancy and intend taking a case to The Employment Appeals Tribunal. I intend to take the case my-self, as I cant afford to pay €4,000.00. up front for a Barraster and another €4,000.00. if I lose. Any advise.


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## tenchi-fan (24 Apr 2010)

didn't you say you were 68 and semi-retired?

You're being asked to retire and as you're over 65 they can do this once they give you notice.



Sidetracker said:


> Hi, I am 68 years of age, working and drawing  Contributory Pension. The company I am working for is about to make me  redundant. Will I be entitled to Redundancy and Tax Rebate.


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## Sidetracker (24 Apr 2010)

*Tenchi-fan*

Hi Tenchi-fan, thank you for your reply. As to your comment, its a common misconseption, but this is not true. There is no law on statute setting out when a person must retire. This was determed by The Employment Appeals Tribunal in a case in November 2008. The determination was, " in law, a person is only required to apply for the retirement Pension", there is no law stating when a person workin" must stop working". If it is not written into a Contract of Employment then it dose not apply.  As I have no contract of employment, I am being un-fairly dismissed.  !!


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## daveyboy (26 Apr 2010)

you are right to a point sidetracker but they may be able to argue that they have a custom and practice of a certain retirement age or that there is some inherent reason why you had to be retired.

However, even then if they "retired" you they didn't make you redudant. Afterall redundancy must be impersonal. 

Sounds to me like you could also take an age discrimination claim to the Equality Tribunal, on the basis that the selection of you as the person to go was based on age alone, which it probably was.

If you lose in either of these Tribunal's, you only pay your own costs, not anyone else's costs. you don't need a barrister a good experianced solicitor should do it themselves.

If not, give it a rattle yourself, you've nothing to lose.
One of the Chairpersons of the EAT is in her 80s herself, so if you got her that would be a good draw!

best of luck!


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## Sidetracker (27 Apr 2010)

*daveyboy*

Thanks, Daveyboy. The upper age limit of 66 was abolished in the 2007 law. Also I was not gaven a Contract of Employment to sign at any time.
One further point of interest, of 16 employees, I was the only one selected for redundancy, all of the others were given the option of taking a pay cut *or* redundancy. Seems unfair to me.


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## daveyboy (29 Apr 2010)

that sounds like less favourable treatment to me!

you can claim for not receiving written terms of employment under the terms of employment (information) act 1994 - you'll be able to print out a claim form from the labour relations website. You'll most likley get 4 weeks pay for that also.

good luck


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## PyritePete (30 Apr 2010)

agree with daveyboy, I too was in a similar position sometime ago. Make sure you get your RP50 form. When selecting individuals for redundancy, they have to give you the reasons why they made you redundant (usually 5 criteria) and score you out of 40 marks - this is the bit that is very subjective.

Good luck


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## Black Sheep (1 May 2010)

Have you some documentation stating that you have been selected for redundancy as you also mention dismissal. These are 2 separate situations that need to be clarified.

This situation seems to be age related so I would be looking at it from that perspective.

The fact that you are in receipt of a pension has no bearing on this situation.  That is a personal matter


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## Sidetracker (12 May 2010)

*Redundancy*

I have received a letter informing me that I have been selected for redundancy on the grounds of a fall off in business. I have been given 4 weeks notice. Out of 26 people I am the only person selected for redundancy, 25 other people were given a choice of a 10% pay cut or redundancy. They were given a week to consider. A week later the other 25 people returned with a suggestion that they work a 4 day week and have no pay cut. This was accepted by the company.


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## Black Sheep (12 May 2010)

I think it is time to take a step further on this. As you are age 68 (and still working there) there is no obligation or custom and practice within your workplace to retire at 65. This appears clearly an ageist thing.

On the other hand how long have you worked there and how long more would you have liked or expected to work (in different times).  If you have been there for a long number of years perhaps a redundancy package may be a nice bonus payment which will not be available when you retire in the normal way


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## Sidetracker (12 May 2010)

*Redundancy*

I have been working with this Copany for 6 years. I had a gentleman's agreement with the M.D. (who is my age) that I would like to continue working till my 70th Birthday. This was accepted. There is no contract of employment, so age is not a factor, in my view.


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## Sidetracker (20 May 2010)

*Redundancy*

Hi all. I am now redundant, how do I claim back tax paid in 2010


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## Papercut (21 May 2010)

You should wait for at least 4 weeks before you apply for a tax refund, or 8 weeks if you are in receipt of any taxable sources of income, including any  taxable DSFA income.

Either way, the form you need to fill out is a P50. You can order one to be posted out to you here:   [broken link removed]  or you can download & complete one from here:   http://www.revenue.ie/en/tax/it/forms/p50.pdf

You can find your relevant tax office details here:   [broken link removed]

Remember that you may also be entitled to claim a PRSI refund for 2010 after 31st December 2010 if your income was below the threshold/ceiling for the year http://www.welfare.ie/EN/OperationalGuidelines/Pages/prsi_refunds.aspx#1


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