Can you dismiss a person on Carers Leave by reason of redundancy as a consequence of a restructure or a head count reduction?Posted in : First Tuesday Q&A ROI on 7 May 2014
Carer’s leave, within the meaning of the Carer’s Leave Act 2001 (the “2001 Act”) is protected leave and refusing to permit an employee to return to work after Carer’s Leave by reason of redundancy or dismissal will constitute an unfair dismissal. Similarly, an employer may not issue notice of redundancy while an employee is on Carer's Leave. Furthermore, Section 14 of the 2001 Act provides that where it is not reasonably practicable for an employee to return to the same position they held prior to going on Carer’s Leave, the employer shall offer him/her suitable alternative employment.
The redundancy can, however, take effect when the employee returns from Carer's Leave, subject to the
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Irish Employment Law Hub? We help thousands of people like you understand how the latest changes in Irish employment law impact your business through a mix of case law analysis and in-depth articles. All delivered right to your inbox.
We help you to understand the ramifications of each important case from Ireland and Europe.
We help you ensure that your organisation's policies and procedures are fully compliant with Irish law.
You will receive regular updates on Irish employment law including case law reviews, legislative changes, topical updates as well as answers to your burning questions through our Q&A feature.
You will have 24/7 access to the Employment Law Hub so you can research case law and HR issues when you need to.
Back to Q&A's This article is correct at 02/09/2015
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.