Redundancy - No money

Hi,

I went to the link provided in a previous thread which provided much of the information I was looking for in relation to redundancy. However I have two questions that I didn't find answered.

The company I work for is almost definitely going down the pan. I have access to the financial information and know that there is no money there whatsoever. Another thread stated that if liquidators come in, it is paid from a govt. fund (more or less). However, if liquidators are not appointed and he simply says that he can't pay me any more (which would be the truth) and that he can't pay me redundancy, then what happens?

Secondly, I am currently on a three day week and if I were to receive redundancy, is the amount calculated on current pay or calculated on the number of weeks you were on full pay and the number of weeks on half pay?

Thanks.

Providing they fulfill minimum working period doesn't everyone get statutory redundancy regardless?

Or do you mean specifically company redundancy payment? - they are not obliged to give you anything AFAIK.

if company doesn't have money to pay your statutory redundancy they lay you off and you apply directly to the govt for it. Its calculated on length of service and half weeks wouldn't come into it, I think its a weeks pay for each year.

Thanks, I meant statutory redundancy and you have answered my questions.

thesimpsons said:

I think its a weeks pay for each year.

Click to expand...

I think it may be 2 weeks per year & a one off bonus week.

go to [broken link removed] click on the redundancy link and its all there, you can claim on line (recommended) and it works, your employer does not have to have paid you, doubtful if they are going down the pan and have no money, but you need a redundancy notice from them. I completed it last August and got all I was entitled to even though the employer had not given us a red cent.

But is the amount of the redundancy calculated on the old weekly pay or the new weekly pay i.e. the 3 days pay?

it's 2 weeks pay per year of service up to a maximum of €600 per week + one extra week. Therefore for example if you have worked for 10 years for your employer, you'd get 21 weeks

If you have been put on a three day week and made redundant within a year then the payment will be based on a full-time wage.

If you are made redundant after a year and the employee never "accepted" the part-time hours - ie always asked to be put back full-time, then its based on a full-time wage.

So just have something in writing that you have been looking to get back full-time if you are coming close to that year mark.

On your first query, if your Company give you an RP50 (the statutory redundancy form) you can apply directly to the Social Insurance Fund for your statutory redundancy. Unfortunately, I think there is a back log at the moment. If they will not, you have to apply to the Employment Appeals Tribunal who will order a payment from the fund if they are satisfied that it is a redundancy. This will take a long time as there is a long delay in getting a hearing date for the EAT.