Redundancy Information for Irish Employers :: Jobsearch.ie

Redundancy Situations in Ireland

A redundancy situation occurs where one of the following situations arises:
  • An employer ceases to carry on business or ceases to carry on business in the place where an employee has been employed.
  • The employer's requirements for employees in a specific category has ceased or diminished.
  • An employer has decided to carry on the business with fewer or no staff. In deciding whether an employer is continuing the business with fewer or no staff, close members of an employer's family are not taken into account.
  • An employer has decided to let work be done in a different manner in future and the employee is not sufficiently qualified or trained to do the work in the different way.
  • An employer has decided that an employees work will in future be done by another person who can do other work as well and the employee is not sufficiently qualified or trained to do that other work.

Dismissal Information for Irish Employers

The Unfair Dismissals Acts, 1977 to 2001 outlines rights and procedures in the event of dismissal from work. Generally, an employee must have at least 12 months continuous service with his/her employer before he/she is entitled to bring a claim for unfair dismissal under the Acts. For agency workers, the employer for the purposes of unfair dismissal is the user company - not the employment agency.

An employee does not require 12 months service where the dismissal results wholly or mainly from any of the following grounds:
  • employee's trade union membership or activity;
  • an employee's entitlements, future entitlements, exercise or proposed exercise of rights under the National Minimum Wage Act, 2000;
  • employee pregnancy, giving birth or breastfeeding (or any matters connected);
  • the exercise or proposed exercise by the employee of rights under the Maternity Protection Act, 1994, the Adoptive Leave Act, 1995, the Parental Leave Act, 1998, or the Carer's Leave Act, 2001.
The dismissal is presumed to be unfair unless the employer can show substantial grounds to justify it. A dismissal will be fair if it is based wholly or mainly on one of the following grounds:
  • employee's capability, competence or qualifications for the job;
  • employee's misconduct (in which case disciplinary procedures may be important);
  • employee's redundancy;
  • where the continuance of worker's employment would contravene another legal requirement;
  • where there are other substantial grounds.

Minimum Notice

The Minimum Notice Act, 1973 to 2001 provides that every employee who has been in the employment of his/her employer for at least 13 weeks is entitled to a minimum period of notice before that employer may dismiss him or her. This period varies from one to eight weeks according to the length of service. An employer who is unable to provide the appropriate minimum notice may pay notice in lieu to the employee. An employee's minimum notice entitlement is as follows:
  • 13 weeks but less than 2 years service = one week notice;
  • two years but less than five years = two weeks notice;
  • five years but less than ten years = four weeks notice;
  • ten years but less than fifteen years = six weeks notice;
  • more than fifteen years = eight weeks notice.
An employee who has 13 weeks service with his/her employer is obliged to give one week's notice to his/her employer when resigning, unless there is a written contract of employment that provides otherwise.
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