Ex-gratia payment

[onemore]

Hi,

I have recently been informed I am being made redundant. There are a number of people in the company being made redundant, and we are currently in a 30 day consultation period.

My question arises regarding an ex-gracia payment. We have been told that the company will enhance the statutory redundancy payments, but that they will not tell us how this will be calculated. We will be told a net figure we will receive but not what this was based on.

My question is, that while I know an ex-gracia payment is at the companys discression, is there any obligation for them to let us know what this is based on or how it will be calculated.

Also when do they have to tell us what we will receive?

Thanks for your help

 

[Ildánach]

If the redundancy is considered to be a "collective redundancy" then there is an obligation for the employers to provide the employees representative (trade union or staff group/association) with details of how redundancies are going to be calculated.

A redundancy will be considered collective if:

- 5 employees or more being made redundant in a company with between 20-50 employees
- 10 employees or more being made redundant in a company between 50-100 employees
- 10% of employees in a company with 100-300 employees
- at least 30 employees in a company with more than 300 employees

For the purposes of these calculations, all employees being made redundant (not just those entitled to receive statutory payment) are taken into account.

 

[Patrick2008]

When the employee representatives are appointed, whose obligation is it to pass all information onto Employees? Is it the Employee Reps or the Employer? e.g if a person is on maternity leave and she does not recieve information, which others in the company recieved. Can the Employer wash its hands so to speak and point the finger to the employee reps for not passing information onto those on maternity leave?

 

[Ildánach]

Why not just ask the employee reps for the information? Are they refusing to provide it?