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 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.
Should you find yourself facing redundancy, our specialist employment lawyers in Dublin can advise you on your legal rights, covering issues such as:
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:
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:
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:
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.
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 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.
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.
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.
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.
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
To qualify for statutory redundancy pay, you must have been made redundant by your employer and:
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.
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 clear, friendly legal advice on dealing with redundancy, please contact our expert team now.
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