Do I have a right to redundancy pay?

What is statutory redundancy pay?

Where you lose your job because your employer is closing the business or reducing staff numbers, this is known as redundancy.

You are entitled to get a minimum redundancy payment after you have two years’ service in your job. This is known as a statutory redundancy. The statutory redundancy payment is based on a calculation using your pay and your length of service.

Do I have a right to redundancy pay?

To be eligible for a statutory redundancy payment, you must:

  • Be over 16
  • Be in employment that is fully insurable under the Social Welfare Acts
  • Have at least 2 years’ service (104 weeks) with the same employer over the age of 16
  • Have been made redundant (dismissed from your job).

You must have been dismissed from your job

To show you were dismissed, your employment must have been terminated (with or without notice).

There will also be a dismissal if you have ended your contract of employment because you were forced to leave your job because of your employer’s conduct. This is known as constructive dismissal.

What is continuous service?

To qualify for a statutory redundancy payment you must have 2 years’ (104 weeks) continuous service in your job.

Continuous service is the length of time you are employed by the business. The following situations will not break your continuous service:

Is continuous service and reckonable service the same?

No, continuous service is the length of time you have been continuously employed in your job. Reckonable service is different – it means how long you were actually in work doing the work. So reckonable service does not include certain absences from work.

When calculating statutory redundancy pay, the amount of redundancy pay you get is based on your reckonable service with your employer. You can find out about reckonable service and calculating your redundancy pay.

If you work part-time

By law, part-time workers cannot have less favourable conditions of employment than comparable full-time workers.

This means that part-time workers (including casual workers) have a right to statutory redundancy. You must still meet the requirement for 2 years' continuous service described above.

If you are an agency worker

As an agency worker, you are also protected under redundancy legislation.

If the employment agency pays your wages, it is responsible for paying the statutory redundancy payment.

If you are an apprentice

If you are an apprentice and are made redundant during the apprenticeship, you may qualify for a redundancy payment. You must meet the conditions of having 2 years' service (104 weeks) over the age of 16.

If you are dismissed within one month of the end of the apprenticeship, you will not qualify for a redundancy payment.

If you are kept on as an employee for more than a month after the apprenticeship ended and are subsequently made redundant, the time spent as an apprentice aged over 16 will count in the redundancy payment calculation.

If you are on a fixed-term contract

If you are on a fixed-term contract you may be entitled to statutory redundancy if your employer does not renew your fixed-term contract under the same or a similar contract before the term expires.

You must still meet the requirement for 2 years' continuous service described above. A series of shorter contracts that followed on from each other and added up to 2 years can also meet the 2 years’ continuous service requirement.

If you are a seasonal worker

If you are a seasonal worker and have at least 2 years’ service with your employer you may qualify for redundancy.

The 2 years does not include the time you are off work. The question of redundancy does not arise until the usual time when your seasonal work would start. If you are not re-employed then, you may be entitled to a redundancy payment.

More information

Read more about calculating your redundancy pay.

You can get more information about your employment rights from the Workplace Relations Commission. You can contact their Information and Customer service – see below.

The laws on redundancy

The laws on redundancy are set out in the Redundancy Payments Acts 1967–2014.

Workplace Relations Commission - Information and Customer Service

O'Brien Road
Carlow
R93 E920

Opening Hours: Mon. to Fri. 9.30am to 1pm, 2pm to 5pm
Tel: (059) 917 8990
Locall: 0818 80 80 90
Page edited: 2 June 2022