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redundancy entitlements

  • 15-07-2010 4:01pm
    #1
    wogger1
    Closed Accounts Posts: 3 ✭


    I worked for the same company for 14 years. 3 years ago I got sick and have had 2 years of treatment. My employer kept my job open, and facilitated me when I felt able to work, allowing me to work half days and was very flexible. Towards the end of 2009 my consultant advised me that I would not be able to work anymore. I asked my employer for my p45 which they issued. They told me that they thought I would have come back to work in some capacity and were sorry I was leaving. Would I be entitled to redundancy for my years service?


Comments

  • #2
    derand
    Registered Users Posts: 26 ✭derand


    wogger1 wrote: »
    I worked for the same company for 14 years. 3 years ago I got sick and have had 2 years of treatment. My employer kept my job open, and facilitated me when I felt able to work, allowing me to work half days and was very flexible. Towards the end of 2009 my consultant advised me that I would not be able to work anymore. I asked my employer for my p45 which they issued. They told me that they thought I would have come back to work in some capacity and were sorry I was leaving. Would I be entitled to redundancy for my years service?

    This is an employment rights query rather than a tax one....but I don't think you have entitlement to claim statutory reduncancy since you were not made redundant. If I have read this correctly you merely resigned, the company would rehire you and may have in fact hired someone to replace you.

    Anyone else agree/disagree?


  • #3
    barneystinson
    Registered Users, Registered Users 2 Posts: 4,685 ✭✭✭barneystinson


    Agree 110%...

    Taken from the Dept of Enterprise website:

    "In a redundancy situation, the actual job disappears, due, for example, to a total closure, liquidation, rationalisation etc. Section 5 of the Redundancy Payments Act 2003 emphasises the objective nature of redundancy as being work related by using the phrase redundancy “for one or more reasons not related to the employee concerned”."

    It's a black or white issue; if you asked them for your P45 (i.e. resigned), in a situation where they were holding a job open for you, then there is no redundancy.


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