Redundancy Notice Period

[hansel76gret]

Hi,
Can anyone answer a simple question for me, my company announced some redundancies, they were looking for volunteers and then involuntary. I volunteered as the company won't see past the summer. They told me my notice period started last Friday (16th April), i have 5 years service so 4 weeks notice , the company has now said that i can't leave until the end of June, and if i do leave betwen now and the end of June i lose any redundancy payment, can they dictate my leaving date outside of my notice period? I potenially have another Job which would start on the 1st of June, I don't want to jeopardise that job but i also don't want to lose out on sevreance package, any one know where i stand?

 

[daveyboy]

You remain an employee until your notice period runs out and the position in then made redundant.
If you leave beforehand you might be deemed to have resigned before your redundancy.
Would you try explaining the situation to your new employer?

 

[hansel76gret]

Termination Date

OK, it seems what i anticipated would happen happened. I've been offered a new position but the start date is two weeks outside my Temination date, neither company is willing to budge. It'll be six weeks since i was given notice that i would need to start the new position, if i walk do i lose my severance package? (i realise i am in a very lucky situation losing 1 job and walking into another but i've worked too damm hard at the first job to leave with nothing)

 

[Setanta12]

Simple answer - Yes.

Could you take any holidays for those final two weeks ? The company doesn't have to agree to let you take them, mind.

Did they tell you the opriginal date in writing and thats when you accepted ? You may have a case if they unilaterally changed the terms.

 

[greenfield]

Information from enterprise trade and empoloyment (http://www.entemp.ie/publications/employment/2009/guideredscheme.pdf)
Where an employee wants to leave before his/her notice​

expires, he should give his employer notice in writing of his
wish to terminate his contract of employment on an earlier​

date than that specified in the Notice of Dismissal (included​

in comprehensive Redundancy Form RP50). Form RP6 may
be used for this purpose (Part 1 of Form). It is open to the​

employer to give the employee a counter-notice requesting him/​

her to withdraw their notice of desire to leave and to continue
in employment until the original date of notice expires. Again,
Form RP6 may be used by the employer for this purpose (Part
2 of Form). If the employee unreasonably refuses to comply
with this counter-notice, the employer can then contest liability
to pay a redundancy payment. Disputes in this regard can be
dealt with by the Employment Appeals Tribunal.
If the employer does in fact agree to the employee’s request to
leave early, he can indicate his consent by using Part 3 of Form
RP6. This involves the employer giving the employee consent
to alter his proposed date of termination of employment so as to
bring that new date within what is referred to as “the obligatory
period of notice” (Section 10 of the Redundancy Payments Act
1967 and Section 9 of the Redundancy Payments Act 1979).
The date of dismissal then becomes the date on which the
employee’s notice expires.
The term “obligatory period of notice” means either the​

statutory
minimum notice (at least two weeks and, depending on
service, up to eight weeks) or the period of notice specified in​

the contract of employment​

​

, whichever is the longer. In this
situation, the employer therefore agrees in writing (usually by
means of Part 3 of Form RP6) for an alteration of the original​

15​

termination date so as to bring that date within the obligatory
period of notice as above and thereby facilitate the employee’s
request to leave early. This clears the way for payment of
statutory redundancy based on service up to the new date of
departure.​