Redundancy payments for employees on a fixed term contract

[AlanCR]

Hi All,
I recently got married and unfortunately my wife has been made redundant for the first time. We are a young couple and my wife is on a fixed term three and half year contract with her employers a professional services firm. This is due to be completed shortly.
I have read many articles about redundancies but have not come across any which allude to redundancy rights for employees who are on fixed term contracts.
My wife would satisfy the redundancy payments legislation in that she has more than two years' service with an employer and therefore be entitled to statutory redundancy but does the fact that she is on a fixed term training contract cancel this out.
I appreciate any comments from people who have experienced this.

 

[Brendan Burgess]

Your wife is entitled to a redundancy payment under [broken link removed] of the Act.

The only exclusion is apprentices who are let go within one month either side of the completion of the apprenticeship.

I am not sure what "apprenticeship" means in law.

Brendan Burgess
SurvivingRedundancy.ie

 

[AlanCR]

Brendan,

Thanks for answering my message. My wife is in a training contract so I suppose she would be classed as an apprentice.
The firm she works for has not formally communicated anything regarding renewing the contract (very unimpressed with this).
From your information it appears that she can be let go within a month after her contract finishes without being entitled to statutory redundancy.
I suppose we can only hope that the firm will make some financial gesture for 3.5 years she worked with them.

Thanks again

 

[fitzg]

Hi Alan,

I'm being made redundant at the end of my fixed-term contract and spent a lot of time online trying to figure out whether I was entitled to a redundancy payment. I found that it was very hard to get clear, coherent information as each person's situation can be quite different.

I would advise calling the office of the National Employment Rights Authority in Carlow - their number is on their website [broken link removed]. By calling them, you can advise them of the exact situation and they will advise accordingly.

In the end, I found out that I am entitled to a redundancy payment but it was a stressful time trying to get that information!

 

[AlanCR]

Thanks for that FitzG. I phoned them up and explained the situation. They explained that if someone is an apprentice they can be let go within a month after the contract is up without triggering redundancy. As far as they were aware an apprentice is someone who came through the FAS system and they thought someone on a professional training contract was not a apprentice. I'll have to go through the original contract I signed to see if there's anything clearer in it.

 

[ihatemyjob]

Alan CR - i assume that u are taking about one of the Big 4 firms letting go trainees. I can assure u that they are not required to pay redunancy - i m actually in the same position and they do not owe any bit of money. We signed a 3.5 year contract for training and that was it no offer of work after that is required. Believe me these firms would not be in this if they had to pay redunancy when contracts end - up until a few years ago u could not ever stay on and i can assure u they were not paying then!!