Who is responsible for ‘redundancy payments’ in a situation whereby an agency has a candidate placed with a client for 2+ years continuously and the individual is paid by the agency and bills the client for the associated costs?Posted in : First Tuesday Q&A ROI on 5 August 2015
When an agency worker’s assignment with a client ends for whatever reason, the obligation rests with the employment agency to redeploy the agency worker to another assignment, unless otherwise agreed with the client. If the employment agency cannot redeploy the agency worker, then the agency worker may be made redundant. Where the employment agency pays the agency worker, it shall generally be considered to be the employer of the agency worker.
Under the Redundancy Payments Acts 1967 – 2014, the employer bears the cost of making the redundancy payments to its employees, and therefore, in this case, the agency shall be responsible for making the payment. Under the Protection of Employees
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.