Who is entitled to redundancy in ireland




















It should be noted that leaving during the notice period without the employer's agreement may affect a person's entitlement to a redundancy payment. If you have been laid off or on short-time working for 4 weeks or more, you may give your employer notice of your intention to claim a redundancy payment on Form RP9 - Lay Off and Short Term Procedures. Employees take statutory redundancy payments tax-free but discretionary lump-sum payments in compensation for loss of employment are subject to tax.

If any ex gratia payments you decide to pay to employees as part of a redundancy round exceed the tax-free limits, they will be subject to income tax deductions. This is the term used to describe a situation when you ask employees to volunteer for redundancy to reduce the size of your workforce.

Employees who agree can claim a statutory payment. That's provided they fulfil continuous service requirements plus any additional pay incentive you might offer. You will also need to confirm if the proposed redundancies constitute a collective redundancy.

A collective redundancy is one where:. To make it fair you should look at the job role itself and not to remove an individual employee. The change must be because of a change in the working environment. For example, if the business is closing down. Or if the role needs to be made redundant to save money. The coronavirus COVID pandemic has forced businesses to lay off staff or reduce their working hours.

This differs from redundancy because you either cannot provide employees with enough work or you believe it to be a temporary arrangement. During lay off you remain an employee even if you are not being paid. Short time is similarly where an employee's wages and hours are cut below half for a temporary period.

You should not lay off or put your employees on short time without their agreement. If they do not agree you may make them redundant. You must explain the reason for the lay off or short-time working and keep them informed of the situation during the period. In both cases, these must be temporary situations. You can offer the staff member an alternative to redundancy, such as moving to a new office.

These types of cases often involve offers of employment at a different location and each case will be judged on its merits whether the offer is reasonably or unreasonable refused by the employee. All guides. Employees have Having a sexual harassment policy can help protect workers and non-workers from unwanted sexual advances in the workplace. However, you must do so within 52 weeks. Are there any other things to watch out for?

If you are put on Lay-off or Short -time, you can claim your statutory redundancy lump sum off your employer. However, they have the right to counterclaim and if they can show that they can offer you not less than 13 weeks work not later than 4 weeks after your claim this may prevent your claim going any further for the present. Also if you feel that you have been unfairly selected for redundancy by your employer, for example because of your seniority, then you can take a claim under the Unfair.

The Redundancy Payments Acts — provide a minimum entitlement to a redundancy payment for employees who have a set period of service with the employer. Not all employees are entitled to the statutory redundancy payment, even where a redundancy situation exists. If you do qualify for redundancy there are specific redundancy procedures which employers and employees must follow in order to comply with the legislation.

The Department of Social Protection website has an online Redundancy Calculator that allows the user to calculate a statutory redundancy entitlement for a qualified employee, who has been dismissed because of redundancy.

This microsite provides public service information for those who are currently unemployed or are becoming unemployed in Ireland. The website has a wealth of helpful information online and available to download.

If there is a partial loss of employment in the North, the NI Social Security Agency would be obliged to consider entitlement to contribution based Jobseekers Allowance. Can a person living in the South and claiming Jobseekers benefit take up part-time work in Northern Ireland and continue to claim Jobseekers benefit in the South?



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