Collective redundancies
Information
Redundancy situations generally occur where you lose your job due to circumstances such as the closure of the business or a reduction in the number of staff. Redundancy may also arise due to the financial position of the firm, lack of work, re-organisation within the firm or it may be closing down completely.
Collective redundancies arise where, during any period of 30 consecutive days, the employees being made redundant are:
- 5 employees where 21-49 are employed
- 10 employees where 50-99 are employed
- 10% of the employees where 100-299 are employed
- 30 employees where 300 or more are employed
Redundancy Panel
Under the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act 2007 (pdf) a Redundancy Panel has been set up by the Department of Jobs, Enterprise and Innovation in accordance with the partnership agreement Towards 2016. Some collective redundancies may be referred to the Panel to determine whether the redundancies were (or are being) carried out in order to replace the employees with workers on lower pay or other less favourable terms and conditions. These are known as exceptional collective redundancies. If the panel decides the redundancies were carried out for this reason, the employees concerned will be able to take action for unfair dismissal.
Rules
In such a situation, under the Protection of Employment Act 1977-2007 your employer is obliged to enter into consultations with a view to agreement with your representatives. This legislation is separate from the Redundancy Payments Acts 1967–2007. These consultations must take place at the earliest opportunity and at least 30 days before the notice of redundancy is given. The aim of the consultation is to consider whether there are any alternatives to the redundancies.
Your employer is also obliged to provide the following information in writing to your representatives:
- The reasons for the redundancy
- The number and descriptions of the employees affected
- The number and descriptions of employees normally employed
- The period in which the redundancies will happen
- The criteria for selection of employees for redundancy
- The method of calculating any redundancy payment.
Your employer is also obliged to inform the Minister for Jobs, Enterprise and Innovation in writing of the proposed redundancies at least 30 days before the occurrence of the first redundancy.
The Employees (Provision of Information and Consultation) Act 2006 (pdf) requires employers to consult with employees on substantial changes in the workplace, including proposals for collective redundancies. From 23 March 2008 the Act applies to employers of 50 people or more.
How to apply
If your employer has not complied with the requirement for a 30-day consultation process you may make a complaint using the new single complaint form that your employer has contravened Section 9 or 10 of the 1977 Act in relation to information and consultation of employees.
For further information about the Redundancy Payments Scheme contact Workplace Relations Customer Services. You can find out about qualifying for redundancy, redundancy procedures and redundancy payments.
There is also a list of frequently
asked questions about redundancy on the website of the Department of Social
Protection.
Further information
Workplace Relations Customer Services
(formerly Information Services of the National Employment Rights Authority)
Department of Jobs, Enterprise and Innovation
O'Brien Road
Carlow
Ireland
Opening Hours: Mon. to Fri. 9.30am to 5pm
Tel: (059) 917 8990
Locall: 1890 80 80 90
Homepage: http://www.workplacerelations.ie/en/
Language
Useful Resources
Related Documents
- Closing or selling a business
Find out about the issues facing a business owner who is considering or facing a business closure or transfer. Information is provided on liquidation, employees and insolvency. - Frequently asked questions about redundancy
Frequently asked questions about redundancy. - Overview: redundancy
The law sets out various entitlements for employees following redundancy. An overview of redundancy, with links to more detailed information.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 8pm) or you can visit your local Citizens Information Centre.