Redundancy Legal Advice for Employees
Redundancy is scary and not something any of us wants to face at the best of times. With the world currently going through a great deal of uncertainty and many people worried about what this means for their current jobs and future career prospects, getting the right legal advice when facing redundancy is particularly important.
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 also with a sharp and smart application of the law to achieve the optimal outcome.
With our seasoned expertise, we can make sure your rights are clear to you and that, where redundancy cannot be avoided, you get the best possible settlement so you and your family have a strong foundation for getting through this challenging time.
If you believe you have been unfairly selected for redundancy or that the redundancy process was carried out improperly in any other way, we can review your situation, give you clear guidance on whether you have grounds for a legal claim and represent you at every stage of proceedings.
For clear, practical advice on your redundancy rights and navigating redundancy, please contact our friendly, expert team today or fill in our enquiry form.
How our redundancy solicitors in Ireland can help you
Clear guidance on your redundancy rights
Should you find yourself facing redundancy, our specialist employment lawyers in Dublin can advise you on your legal rights, covering issues such as:
- Your entitlement to statutory redundancy pay
- The lawfulness of your redundancy
- Whether you may be able to secure an enhanced redundancy package
- Your legal options if you believe your employer is treating you unfairly
Advice on settlement agreements
Settlement agreements offer a way to resolve disputes or avoid the potential for a dispute over a range of employment issues, including redundancy. You must take independent advice before signing a settlement agreement, which helps to ensure the agreement offers a fair resolution to your situation.
Our employment law specialists can assist with settlement agreements by:
- Reviewing a settlement agreement offered by an employer
- Advising you whether we believe a better settlement could be achieved
- Representing you during settlement negotiations
TUPE (the Transfer of Undertakings Directive of 1977)
Under the Transfer of Undertakings Directive of 1977 (commonly referred to as TUPE), employees have certain rights if their employment is to be transferred to a different business during a merger, takeover or other similar circumstances.
We can provide clear guidance on your rights under TUPE, including:
- Whether you are covered by the Directive
- If it is in your interest to accept a transfer
- Protecting the terms and conditions of your employment
Representation for redundancy disputes
Where you have cause for concern over the reasons for your redundancy or any other aspect of how your redundancy was handled, we can advise you on whether you have grounds for a claim to the Workplace Relations Commission (WRC) and the process for pursuing this. We can then represent you through every stage of this process, helping you to secure a fair outcome.
Our redundancy lawyers can assist with disputes related to:
- Redundancy pay
- Unfair selection for redundancy
- Improper carrying out of the redundancy process by an employer
Our redundancy legal advice fees
The exact fees for redundancy advice will depend on the circumstances, including how complex your matter is, how long it takes to resolve and the level of expertise required. If you need to make a redundancy claim, the costs will typically be lower if a voluntary settlement can be agreed compared to if formal proceedings are required.
In some cases, such as for settlement agreements, your employer may cover the cost of your legal advice.
We will talk you through our fees during your initial consultation with our team, as well as your options for funding our legal advice. You will then have all the information you need to decide how you want to move forward.
*In contentious business, a solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement. This statement is made in compliance with RE.8 of SI 518 of 2002.
How redundancy works in Ireland
What is redundancy?
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:
- Your employer ceasing to trade
- The location where you work being closed
- The need for employees with your skills has changed
- A decision has been made to reduce the workforce for financial reasons
- There has been a change in how work will be undertaken, requiring a different set of skills
- Your role is no longer required and will not be replaced
What is the redundancy process in Ireland?
Your employer must follow a strict process for redundancy, as follows:
- Selection of staff for redundancy – this must be fair and reasonable; otherwise, your employer may face a claim for unfair dismissal.
- Consultation – those selected for redundancy should be consulted with prior to a decision being made to make that employee redundant. During this stage, your employer should consider and explain all other available options to you, including alternative employment. If you refuse the alternative role, you may lose entitlement to statutory redundancy payment; however if the role necessitates a reduction in status or imposes unreasonable changes in working circumstances (e.g. being located a long distance away), you may be justified in refusing the alternative – in which case you may still be entitled to a redundancy payment.
- Notice – once a decision had been made to make your position redundant, you must be notified in writing – the amount of notice depends on the length of service, and ranges from 2 to 8 weeks.
- Seeking new employment – Once notified, you are entitled to reasonable paid time off to find alternative employment.
You will also be entitled to any holidays owing either in the form of time off or as payment.
What is statutory redundancy?
Under the Redundancy Payments Acts 1967–2014, employees who are being made redundant are entitled to a minimum redundancy payment.
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.
Who pays statutory redundancy?
If your employer remains in business, they are required to pay you statutory redundancy. However, if your employer has become insolvent, you can still secure statutory redundancy pay from the Social Insurance Fund.
Under the Insolvency Payments Scheme, certain outstanding entitlements related to your pay may be covered by the department of Employment Affairs and Social Protection out of the Social Insurance Fund.
How is redundancy calculated?
This is based on the length of your continuous employment by your employer and your weekly earnings. For the purposes of calculating redundancy pay, your weekly earnings includes your wage, average regular overtime and benefits-in-kind.
If you qualify for redundancy pay, you will be entitled to 2 weeks’ pay for each year of continuous employment plus an additional week’s pay. This payment is capped at €600 per week and will be tax-free.
How much redundancy notice am I entitled to?
This will depend on you how long you have worked for your employer as follows:
2-5 years’ continuous employment – 2 weeks’ notice
5-10 years’ continuous employment – 4 weeks’ notice
10-15 years’ continuous employment – 6 weeks’ notice
15+ years’ continuous employment – 8 weeks’ notice
How do I know if I qualify for redundancy?
To qualify for statutory redundancy pay, you must have been made redundant by your employer and:
- Be aged 16 or over (there is no upper age limit)
- Have been in employment that is insurable under the Social Welfare Acts.
- Be paying Class A PRSI (if you are a full-time employee under the age of 66)
- Have worked continuously for your employer for at least 104 weeks (2 years) where you were over the age of 16
Our expertise with redundancy legal advice in Ireland
For over 30 years, our team of redundancy Solicitors, headed by Senior Partner, Marc Fitzgibbon, have been providing legal expertise in relation to redundancy. Over that time, we have developed an enviable reputation for providing legal excellence and empathetic support for our valued clients.
Marc is a former member of the Law Society of Ireland’s Employment & Equality Law Committee and the European Employment Lawyers Association. He is a Centre for Effective Dispute Resolution (CEDR) accredited mediator and has been praised in the Legal 500 for his “highly practical” approach.
We understand the emotional impact of uncertainty in relation to redundancy and will handle your case with the utmost empathy and determination to defend your rights.
From the first moment you speak to one of our redundancy lawyers, we will listen to your case carefully and with the greatest of empathy. Furthermore, we understand that redundancy matters need to be managed with the utmost confidentiality.
Our partnership with HR specialists Talbot Pierce
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.
Speak to our redundancy solicitors in Dublin now
For clear, friendly legal advice on dealing with redundancy, please contact our expert team now*.
*Please note that fees apply to all consultations and advice cannot be given free of charge.