Redundancy rights

S

SEALEE

Guest
A small bit if backround first

My husband has been working for the same drylining company for over 4 years.

For the last few months his hours have been cut back to 2/3 days a week.

Then yesterday they rang him & told him things werent good & they were having major cash flow problems.

Basically they might have the odd days work for him but wont be able to pay him for at least 6 weeks. Basically his job is gone but they cant afford to pay him the lump sum for redundancy.

I did a small bit of searching on the net & discoverd that hubbie can claim his redundancy direct through a Social Fund but his employers need to sign off on a form RP50 which they are now refusing to do.

They are saying that if they complete the form the money will be taken from them & they havent got it.

Im fuming at the minute but just dont know what to do next.

Does anyone know what my husbands rights are?

Thanks for any advise.
 
theres 2 ways this can work out:

1. your husband continues to work part time and claims unemployment benefit for the days he's not working

2.He claims redundency as his contract has been changed and he doesn't agree to the change.this change in contract can be viewed as a breach of contract and therefore void or a renegotiation of the existing contract which would need to be ratified by both parties.

I would suggest contacting the dept of trade and employment to see what the next move is.If the company is unable to pay at the moment, it probably wont be able to pay anytime soon, taking account of current economic conditions. I recommend that he contacts the Dept sooner rather than later as any other employees who are let go will also try claim redundancy and there is only so much money in the company.

Hope this helps.
 
Thanks for your reply, problem is he doesnt really have the option to continue working as they have said they cannot pay him. I looked up the dept's website & in the case that an employer cannot pay redundancy he can claim directly from a social fund which employers pay into (part of prsi). However in order to be able to do this the employer must fill out a form giving employee written notifaication of being made redundant which my husbands employer is refusing to do!
 
Look at the RP50 redundancy form. If you look at it there is one part where they sign if they are paying and the other side if they do not have the money to pay. If he is being made redundant they cant ignore his statutory entitlements.

Contact the redundancy section (I think their number may be on that RP50 form) and advise them of the situation. I found them very helpful with queries. Sorry for your trouble.
 
I would suggest you send in the redundancy form to the social fund. They will contact the employer for the necessary details and signature. I have done this a couple of years ago and it worked
 
happened to brother in the summer - er did not have funds to pay, but he did sign the form.

have they said that they will make him redundant?? - you will need to clarify this.

1. if your hours have been cut, you will be able to claim redundancy based upon your previous full time salary, as the pay cut is less than one year old.

2. I called the redundancy section, most helpful. You can claim from the social insurance fund, your employer may agree to sign this form?? hopefully. If he is going to make redundancy and does not have funds, this means that you won't get notice payment either???

If you are claiming redundancy, submit the claim on-line, then post all docs it is usually dealt with within 6-7 weeks.

good luck.
 
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