March 6, 2018
February’s Client Newsletter From Lavelle Solicitors
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Redundancy Legal Advice for Employees
At Lavelle Partners, we have represented many individuals who are facing redundancy or who have been made redundant. With the aid of a redundancy settlement agreement solicitor, our clients have been able to achieve a redundancy package which was in their best interests, and those of their families.
We understand the stress and worry that accompanies redundancy and will do all we can to guide you through the process with the utmost empathy, but with a sharp and smart application of the law to achieve the optimal outcome.
Redundancy occurs when an employed individual loses their job due to the changing circumstances of their employer. It is important to understand redundancy is not related to poor performance, and as such, you have done nothing wrong to make yourself redundant.
Redundancy may occur in a number of circumstances, including:
Under the Redundancy Payments Acts 1967–2014, employees who are being made redundant are entitled to a minimum redundancy payment. To qualify for statutory redundancy, you must be over 16, have been paying class A social insurance (for those under 66 years of age), have been working with your employer for at least 104 weeks (over the age of 16), and you must have been made redundant.
Under this scheme, you will receive a lump sum which equates to two weeks’ pay for every year of service (over the age of 16) and one further week’s pay. This is capped at €600 per week, and your payment will be tax-free.
When calculating your length of service, your employer will take into account any ‘non-reckonable’ service (which does not count towards to your length of service), which includes periods of injury-related absence over 52 weeks, periods of sickness absence over 26 weeks, time spent on strike, and any period when you were laid off from work.
Your employer must follow a strict process for redundancy, as follows:
You will also be entitled to any holidays owing either in the form of time off or as payment.
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.
For further information on redundancy in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.
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