If your job’s unstable and you’re at risk of redundancy, it’s vital to know your rights. Here’s an overview of the process, what you’re entitled to, and how to appeal.
It’s where you lose your job because your employer has to reduce staff to meet business needs. This could be because they need to:
If you’re being made redundant, it’s because either:
If your individual job role has been selected for redundancy, your employer can’t recruit for the same role for at least six months.
If your employer needs to reduce the number of employees doing the same role, they should use selection criteria to score them against.
The selection criteria should be fair, objective and relevant to the role, examples include:
Your employer can’t use certain criteria to decide who to make redundant. Examples considered to be unfair discrimination are:
If you have been selected unfairly, you can raise an unfair dismissal claim.
Once you’ve been told you’re at risk of redundancy, you have the right to consult with your employer.
This is the consultation period and starts at least 30 days before the first redundancy happens.
You can ask questions and come up with other options for your employer to consider that could stop the redundancies going ahead.
For example, if they need to cut costs, you may suggest working from home or reducing your hours.
The consultation period must have ended before the notices of redundancy are issued.
If you qualify for statutory pay, you’re entitled to:
The maximum weekly statutory redundancy payment amount is €600.
To check how much you’ll get based on your circumstances, you can use the redundancy calculator on the gov.ie website.
Some employers offer more than statutory pay, known as ex gratia. This is anything above the statutory amount you’re entitled to.
Your statutory redundancy payment is not taxable, but any ex gratia payment could be, you can check here.
You have to meet certain criteria to qualify for statutory redundancy pay. You must:
There are lots of approved scenarios on the Citizens Information website that won’t break your continuity of employment.
If you’re offered suitable alternative employment by your employer, you won’t be entitled to redundancy pay whether you accept the role or not.
To be considered suitable, the new terms would need to be at least equal to your current terms e.g. the same salary and status.
If you refuse the offer of an alternative role that you feel isn’t suitable and are then dismissed, you may pursue your redundancy pay or make a claim for unfair dismissal.
If you’re in your redundancy notice period and want to leave early, you won’t be entitled to redundancy pay unless it’s been agreed beforehand.
You should notify your employer that you wish to leave early by completing this form.
It’s based on the number of continuous years service you have, as shown in the table below:
|Number of years service||Notice in weeks|
If your employer doesn’t need you to work your notice or if you’re not currently working e.g. on holiday or off sick, you’re still entitled to paid notice. This is known as PILON (payment in lieu of notice).
Yes, you can make a claim for unfair dismissal if you believe:
You must make a complaint within six months of your redundancy date to the Workplace Relations Commission.
Full details of the process and possible outcomes are shown on the Citizens Information website.
If your employer hasn’t made your redundancy payment, you should apply for it using the Workplace Relations claim form.
You need to give your employer 14 days to pay before taking things further.
If they still haven’t paid, you can apply to the Department of Social Protection for payment. You’ll need to:
Once the RP50 has been submitted online, it should be printed down and then signed by both the employer and the employee. and then submitted to the address on the website.
Some further information will be required such as financial information and proof that the employer is unable to pay by way of an up to date Statement of Affairs.
The Department of Social Protection is providing a new online service through the WelfarePartners.ie digital platform from 5 July 2021.
If you haven’t managed to find other work, you may be entitled to jobseeker’s allowance until you do. This depends on things like your:
Find out more about jobseeker’s payments on the gov.ie website.
Yes, you are still entitled to take any pre-booked holidays and are allowed reasonable time off to find alternative work e.g. attend interviews.
Yes, if you meet the qualifying criteria. However, if the agency pays your wage, they will also have to pay the statutory redundancy payment.
Yes, if you’re an apprentice, the same rules apply as for a regular employee.
You may qualify for a redundancy payment unless you’re dismissed within a month after your apprenticeship ends.
No. You can’t be issued with notice of redundancy while you’re on ordinary or additional maternity leave.
No, you’re entitled to the full job details and to do a trial for up to four weeks.
If the alternative role means your hours or pay have reduced by 50% or more, you could do the role for up to a year without it counting as your acceptance.
No, your statutory redundancy pay isn’t taxable. However, if you receive additional redundancy money from your company, this may be taxed, check here.
These are where a minimum number of redundancies are made during a 30 day period, depending on the size of the company e.g.at least 5 employees out of a workforce of between 20 and 50. Find out more about the rules on collective redundancies on the citizensinformation.ie website.
If you’re fired, it’s usually because of some sort of misconduct on your part. If you’re made redundant, you lose your job due to business reasons e.g. cost cutting or restructure that are usually beyond your control.
It only takes a few minutes to find a cheaper deal and start saving.