July 6, 2020
Data Protection – the Return to Work Safely Protocol
When the Return to Work Safely Protocol was published in May, we outlined the main considerations for employers. You can read this piece here. In this piece, we outlined that...
Redundancy Advice for Employers
For any employer, the process of redundancy cannot be undertaken lightly and must be conducted by individuals with a robust knowledge of Irish employment law. Redundancy requires a stepwise approach, during which employers must carefully guide staff who are at risk of redundancy through each stage.
It is important that employers considering redundancy understand that it is not the person being made redundant, it is their role, and likewise, the reason for doing so must be on the basis of change within the business or organisation; not due to the employee themselves.
Lavelle Partners have been providing comprehensive redundancy advice for employers, including small business redundancy and corporate redundancy, for over 30 years. By engaging our services, you will benefit from the latest understanding of Irish redundancy law and best practice, ensuring your business is protected from claims of unfair dismissal and/or reputational damage.
The Redundancy Payments Acts 1967 to 2003 outlines the contexts which legally constitute redundancy for employers:
Dismissal of staff for other reasons may be deemed unfair under the Unfair Dismissals (Amendment) Act, 1993.
Under the Protection of Employment Order 1996, collective redundancy is applicable whereby a large number of individuals are being made redundant. This number, however, depends on the scale of your business, as follows:
Due to the quantity of staff being considered for redundancy, it is more typical for the employer to engage with a representative on their behalf, on matters including:
Under the law, the employer must also inform the Minister for Enterprise, Trade and Employment of the intention to undertake a process of collective redundancy – at least 30 days prior to notifying employees, or face prosecution.
According to the Redundancy Payments act 1967, redundancy pay will need to be provided to staff with at least 2 years of continuous employment. However, in some cases of extended absence, the continuous service period will be reduced; see our severance pay page for more details.
Lavelle Partners work with Talbot Pierce to provide a seamless service in respect of Human Resource Management. Talbot Pierce are a team of specialist HR professionals who work with us on a range of matters including advice on and delivery of conflict/dispute resolution solutions, best-practice HR strategies, policies and procedures.
If you are an employer based in Ireland and require guidance on redundancy or collective redundancy, please contact Lavelle Partners in confidence on (01) 644 5800.
Contact our office
Make an enquiry