Trying to get more than statutory redundancy

[moneyhoney]

Hello everyone.

I did a search but couldn't get an answer to a query and not familiar with this area so please bear with me!!

Friend has been told that he will be made redundant in a few months - the whole sales force being made redundant due to change in business model.

Friend has also been told that they will only get statutory redundancy.

Is there anything they can do as a group to try & get the co. to give more than statutory? There is no union in the company at present.

Forgot to say - company is very profitable & part of a large multi-national.....

 

[oldnick]

Re: Trying to gte more than statutory redundancy

There is no legal obligation to give more than statutory.
If just a couple of sales staff had been dismissed, and/or replaced then there may be a case for unfair dismissal and possibly compensation.
If the whole sales force is dismissed and is not replaced then there does not even seem to be a case for unfair dismissal.

Maybe demonstrations/bad publicity may encourage the bosses to give more but they are not obliged to.

 

[MandaC]

Re: Trying to gte more than statutory redundancy

It is down to each person to negotiate!

If the company is not closing then there should be room for manoevre. Has there been any offers/communications so far.

 

[Setanta12]

Re: Trying to gte more than statutory redundancy

Forget the above advice !

Depending upon numbers and portions of departments (e.g. above certain %s of departments/floors/teams) and it sounds like the situation you outline qualifies, your buddy (and everyone else being made redundant) will enter a 'collective redundancy'. (Below, i'm going to refer as if its your situation!)

The group will be asked to appoint spokespersons to interact with management on their plans for redundancies. At this stage no-one is officially notified of redundancy, they are notified that they are at risk of redundancy - a small but importnant difference. This is the same as when you hear on the news of groups (eg Dell workers) presenting plans to save their jobs. Invariably the plans will not work unless something mindblowing is presented to them.

But you will have the choice of negotiating an orderly wind-down of the jobs or causing wee problems e.g. work-to-rule during period of redundancy and a crap hand-over. Look to past redundancies and redundancies in your sector. Multinationals are more likely to give heed to history, industry norms than Irish employers - regrettably.

But you need to get an understanding of employment law fast - if you know anyone who has a basic understanding of law, get them on the job quick. The group targeted for redundancy basically elect people to represent them (generally never less than three) - you need to ensure you have someone already briefed on employment law already elected to ensure the group don't waste money on legal fees.

A word of caution - some workers unaffected by the redundancy may agitate to be on the employee reps - be aware that their goals may not be as goal-congruent as those about to leave i.e. at the back of their minds, they may be thinking they have to get along with the management they're arguing with after everyone being made redundant is actually made redundant.

Hope this is of some help. I was through such a collective redundancy Not nice.