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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.

What is the redundancy process in Ireland?

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 statutory redundancy?

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.

What is the redundancy process in Ireland?

Your employer must follow a strict process for redundancy, as follows:

  1. Selection of staff for redundancy – this must be fair and reasonable; otherwise, your employer may face a claim for unfair dismissal.
  2. 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.
  3. 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.
  4. 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.

How Lavelle Partners can assist you in relation to redundancy 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.
  • 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 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.

For further information on redundancy in Ireland, please contact Lavelle Partners in confidence on (01) 644 5800.

Please get in touch with one of our specialists