We have three members of staff who are currently on fixed term/specified purpose contracts to cover for career break, long term sick leave and an ongoing role that we have not been able to recruit for a while. It has been suggested that once they have been with us for over two years they are entitled to redundancy payment when their contract finishes. I always thought it was the post that was made redundant and not the person. If the post is not made redundant, then does their contract finish as stated e.g. the fixed period or the specific purpose with no redundancy payment.

Posted in : First Tuesday Q&A ROI on 4 December 2012
Zelda Cunningham
Arthur Cox
Issues covered:

A valid redundancy occurs where an employee's position is redundant within the meaning of the Redundancy Payments Acts 1967-2007 (the RPA) which includes situations where:

The employer ceases to carry on its business in part or entirely - Work requirements have diminished - Work is to be done in a different manner for which the affected employee is not qualified - Work is to be done by a different person who already performs other work for which the affected employee is not qualified - Work is to be done at a different location. A fixed-term employee may be redundant within the meaning of RPA where his or her fixed-term / specified purpose contract expires and is not renewed and the

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Back to Q&A's This article is correct at 04/12/2012

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Zelda Cunningham
Arthur Cox

The main content of this article was provided by Zelda Cunningham. Contact telephone number is +353 1 618 0000 or email zelda.cunningham@arthurcox.com

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