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

[ethanryan]

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

 

[Nutso]

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.

 

[ethanryan]

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.

 

[mandelbrot]

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/

 

[ethanryan]

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

 

[ang1170]

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

 

[ethanryan]

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:


My biggest concern was that at this stage I have only worked 103 weeks continuously. So was unsure whether or not I am entitled to one or two weeks written notice. Apparently they can also pay you in lieu of that notice period. So effectively terminate today pay me 1 or 2 weeks and avoid redundancy.

I have a meeting today (shortly) so I will post the outcome