First Tuesday Q&A

The claimant was dismissed by reason of gross misconduct and in particular.

What are the three golden rules to follow when faced with a redundancy situation and what are the potential pitfalls?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Once again, A&L Goodbody is delighted to share ideas on how to manage difficult employment situations with the Legal-Island community. While last month we focused on issues that arise at the start of an employment relationship when it comes to recruitment, this month we are shining a spotlight ...

Does an employee’s notice period increase with their tenure?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Yes. Section 4 of the Minimum Notice and Terms of Employment Acts 1973 to 2005 provides that all employees are entitled to a statutory period of notice on termination of employment, on grounds of redundancy or otherwise. The length of such period depends upon the employee's service with the employ...
This article is listed under the following topics:
Redundancy and Reorganisation

What would be a reasonable period between two redundancy programmes to avoid them being classified as a collective situation?

Posted in: First Tuesday Q&A ROI on 03/10/2017 A collective redundancy situation arises where redundancy-based dismissals are effected by the same employer within a 30 day period, subject to the following threshold requirements: Workforce No. of dismissals 21 to 49 5 or higher 50 to 99 10 or higher 100 - 299 1...
This article is listed under the following topics:
Redundancy and Reorganisation

Are fixed-term employees entitled to a statutory redundancy lump sum payment on the expiry of their fixed-term?

Posted in: First Tuesday Q&A ROI on 03/10/2017 Possibly, yes. Whether or not an employee is entitled to a statutory redundancy lump sum will depend on their length of service (2 years required) and the reason for the termination of their role (or, in this case, the non-renewal of their fixed-term contract). The fact that the employee's employme...
This article is listed under the following topics:
Redundancy and Reorganisation

Should employers be concerned about data subject access requests in redundancy situations?

Posted in: First Tuesday Q&A ROI on 03/10/2017 The short answer – yes. A data subject access request entitles an employee to be provided with a copy of all personal data from which he/she can be identified that is held on file by his employer within a 40 day timeframe subject to receipt of a nominal fee. The risk factor for employers in the con...

How soon can an employer fill a "redundant" role?

Posted in: First Tuesday Q&A ROI on 03/10/2017 This is a bit of a trick question as, from a legal perspective, a genuinely redundant role does not need to be subsequently filled. In fact, hiring a new recruit to fill a role that was previously confirmed as redundant would add weight to any claim from the now redundant employee that he/she was u...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation

Redundancy and maternity leave – are employees on maternity leave "untouchable"?

Posted in: First Tuesday Q&A ROI on 03/10/2017 As a rule of thumb, employees on maternity leave are automatically red-circled when a redundancy exercise is being contemplated. Maternity leave is probably the most "protected" leave, rendering any attempted dismissal of an employee while on maternity leave automatically void. In fact, termination...
This article is listed under the following topics:
Unfair Dismissal Redundancy and Reorganisation Discrimination and Equality

Why are fixed-term workers entitled to statutory redundancy pay after two years? What if the business doesn’t need them anymore?

Posted in: First Tuesday Q&A ROI on 29/02/2016 Fixed-term employees are statutorily entitled to a redundancy payment by virtue of the Redundancy Payments Acts 1967-2014 (the “Acts”) which provide for a minimum redundancy payment for all employees who have been in employment for more than 104 weeks and who have been dismissed by reason of redund...
This article is listed under the following topics:
Redundancy and Reorganisation Contracts of Employment

May redundancy notice be served during maternity leave? For example, may an employer serve a notice of dismissal/redundancy during maternity leave with a date of dismissal after the end of leave period – or is this automatically void and employer must wait until leave is over before issuing a notice?

Posted in: First Tuesday Q&A ROI on 03/11/2015 An employer in Ireland must wait until an employee’s maternity leave has come to an end before serving notice of dismissal or redundancy.The Maternity Protection Acts 1994 and 2004 (the “Acts”) provide that termination of an employee’s contract of employment while she is absent from work on materni...
This article is listed under the following topics:
Redundancy and Reorganisation

What are the difficulties we might face if we select someone on parental or other family-friendly leave for redundancy over someone else?

Posted in: First Tuesday Q&A ROI on 06/10/2015 Parental Leave, within the meaning of the Parental Leave Acts 1998 to 2006 (“the Acts”) is protected leave and refusing to permit an employee to return to work after Parental Leave by reason of redundancy or dismissal will constitute an unfair dismissal under the Unfair Dismissals Acts 1977 to 2007...
This article is listed under the following topics:
Redundancy and Reorganisation