"That’s the thing - can’t they simply pull the Ex Gratia and leave me with just the statutory?"
I believe that would be considered retribution and I think you would certainly have a case; employers aren't entitled to bully their employees.
I take it you have a written offer at this point?
Then reply back that you want what everyone else got & see what happens.
At a minimum put your complaint in writing and send it to the most senior person responsible for the Irish business. Keep your tone firm, reasonable and say that you simply wish to have the same as others. Put in every argument that you can think of that is not made up.
My sympathies FutureGuy on the loss of your job.
I was in a similar position to yourself with a large US multi-national working from home as the last employee. Fortunately for me, I received the exact same package as my colleagues despite a difference of 12 years between the first offering and my own offer. In the interim I wondered if I might be fobbed off at the end with an inferior package but the HR person stated that the company had set a precedent in Ireland with the first offering.
I don't believe that legally they were obliged to offer me the same package (circumstances had changed) but there is nothing to be lost in arranging a meeting and stressing that a precedent was set with the first offer of 2 statutory + 4 weeks. Prepare well, be calm but forceful and see where you get. Talk to the most seniot HR person you can get access to.
Best of luck.
If you are the only person to receive this level of payment then it is highly unusual.
Precedence is very strong in this area so if you take a case you have a v good chance of getting an equal package.
You would need to contact the WRC, I don't think a solicitor will be of much benefit considering the cost.
Advise the company that you intend following the WRC route to get the same package as the others - if they are winding up the company ( legally closing it ) they won't want this hanging over them.
See below for a taste of how the WRC views the reasonableness of ex-gratia settlements. There are industry norms that create precedence but in your unusual case your company is not following it's own norm. Something doesn't seem right.
Anne O'Connell Solicitors, AOC Solicitors, Solicitors in Dublin, Specialists in Employment Law
Anne O'Connell Solicitors, AOC Solicitors, Solicitors in Dublin, Specialists in Employment Lawaocsolicitors.ie
I wouldn't threaten legals until you see what they come back with. We had situation a bit like yours. We sent a carefully worded email with the arguments and mentioned we had visited a top law firm (I had with the kids for half an hour costing €100 without opening a casefile) and just casully mentioned it in the email. Waited for their response and they consulted their lawyers and one of the top three accountancy firms and they paid us what we were looking for. But we were on stronger labour rights than you have. This is a very hard time for you and it's absolutely not to the firms credit that they would hang you out to dry when you hung on to suit them until the end. Your stress levels must be unbearable. I know others who fought too. Many do succeed. And don't forget, thing will look better later no matter how bad they look right now. Best of luck.It is hugely comforting to see that this is taken seriously. Out of over 400 workers in Ireland who have served the company across a number of areas, I am the only one getting a package that is not 2+4 weeks.
I have make my points very clear to the business and they have agreed to review the matter.
Would TUPE law not kick in there with regards to precedent on redundancy payments?I think a lot of their case as to how they can treat me differently is that they were bought by an investment group in 2017 and changed name, that they are a new company, and since I am the first and only employee in Ireland to be made redundant in this new company, there is no precedence.
I did tell them very clearly last week, however, that a UK employee received the same package in 2019 as did all other in UK since 2007. I’m also sure that someone let go in another European office this year also got the same as their counterparts let go in the last decade in the same location. I’m also pretty certain that the fact they are a new company has no legal ground in this matter.
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