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No union - being made reduntant

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  • 25-04-2016 2:04pm
    #1
    blueshark22
    Closed Accounts Posts: 205 ✭✭


    Well got the news 2 weeks ago that myself and 13 colleagues are being made redundant , finishing up the end of june , as we're not part of a union a few of us were hoping to speak with/hire a consultant to answer questions re our entitlements , package, holidays owed , bonuses not given etc etc as our employers have had no communication with us bar a redundancy letter offering statutory redundancy. Basically an advocate for us .

    Does anyone know of anyone proving this service , the stuff I've found online seems to be aimed at employers.


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    #2
    duploelabs
    Registered Users Posts: 11,414 ✭✭✭✭duploelabs


    How long have you been with your employer?


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    #3
    Snakeweasel
    Registered Users Posts: 573 ✭✭✭Snakeweasel


    Never heard of anything like you mention. In my experience its either a union or a solicitor, if you are not in a union that would only leave one option in my mind.


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    #4
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    duploelabs wrote: »
    How long have you been with your employer?

    9 years


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    #5
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Snakeweasel wrote: »
    Never heard of anything like you mention. In my experience its either a union or a solicitor, if you are not in a union that would only leave one option in my mind.

    Thanks, just exploring avenues at the moment .


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    #6
    BoatMad
    Registered Users Posts: 13,702 ✭✭✭✭BoatMad


    blueshark22 wrote: »
    Well got the news 2 weeks ago that myself and 13 colleagues are being made redundant , finishing up the end of june , as we're not part of a union a few of us were hoping to speak with/hire a consultant to answer questions re our entitlements , package, holidays owed , bonuses not given etc etc as our employers have had no communication with us bar a redundancy letter offering statutory redundancy. Basically an advocate for us .

    Does anyone know of anyone proving this service , the stuff I've found online seems to be aimed at employers.

    there are several solicitors that specialise in employment law , hire one between you


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    #7
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    BoatMad wrote: »
    there are several solicitors that specialise in employment law , hire one between you

    That's probably what we will do , just wanted to see if anyone had any experience of the same , tips etc .


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    #8
    Dyr
    Registered Users Posts: 23,246 ✭✭✭✭Dyr


    blueshark22 wrote: »
    That's probably what we will do , just wanted to see if anyone had any experience of the same , tips etc .

    Turner Hamilton specialize in employment law, some unions use them.


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    #9
    Snakeweasel
    Registered Users Posts: 573 ✭✭✭Snakeweasel


    blueshark22 wrote: »
    Thanks, just exploring avenues at the moment .

    Sorry I can't be of more use, I have been on both sides of the table when it comes to redundancy. The one thing I will say is think about how your employer has treated you during your employment. If they have treated you well during your nine years, then you probably have little to worry about in terms of how they will treat you regarding your redundancy. However, if they have treated you poorly ie withholding payments, then maybe it would be worth getting a solicitor.


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    #10
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    It would be a good idea to have a chat with workplace relations (free service):

    https://www.workplacerelations.ie

    As there's a number of you being made redundant at the same time, your situation may be classed as a collective redundancy in which case there are additional obligations on your employer:

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/collective_redundancies.html

    Be sure to mention to workplace relations how many employees are being made redundant.


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    #11
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Snakeweasel wrote: »
    Sorry I can't be of more use, I have been on both sides of the table when it comes to redundancy. The one thing I will say is think about how your employer has treated you during your employment. If they have treated you well during your nine years, then you probably have little to worry about in terms of how they will treat you regarding your redundancy. However, if they have treated you poorly ie withholding payments, then maybe it would be worth getting a solicitor.

    They have treated me very well during my time , mainly due to an exceptional manager who was always willing to fight for us , he is no longer there, and it now feels like no one has our best interests , I know nothing about employment law either do my colleagues . So we just want to check that everything is being done correctly.


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    #12
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Graham wrote: »
    It would be a good idea to have a chat with workplace relations (free service):

    https://www.workplacerelations.ie

    As there's a number of you being made redundant at the same time, your situation may be classed as a collective redundancy in which case there are additional obligations on your employer:

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/collective_redundancies.html

    Be sure to mention to workplace relations how many employees are being made redundant.

    Yes thank you , I do have questions about collective redundancies .


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    #13
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Graham wrote: »
    It would be a good idea to have a chat with workplace relations (free service):

    https://www.workplacerelations.ie

    As there's a number of you being made redundant at the same time, your situation may be classed as a collective redundancy in which case there are additional obligations on your employer:

    http://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/collective_redundancies.html

    Be sure to mention to workplace relations how many employees are being made redundant.

    Yes thank you , I do have questions about collective redundancies .


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    #14
    Chimichangas
    Registered Users Posts: 737 ✭✭✭Chimichangas


    Snakeweasel wrote:
    Sorry I can't be of more use, I have been on both sides of the table when it comes to redundancy. The one thing I will say is think about how your employer has treated you during your employment. If they have treated you well during your nine years, then you probably have little to worry about in terms of how they will treat you regarding your redundancy. However, if they have treated you poorly ie withholding payments, then maybe it would be worth getting a solicitor.


    I wonder if you asked clearys workers would they give that advice.?

    I hope it goes better for u guys!


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    #15
    Chimichangas
    Registered Users Posts: 737 ✭✭✭Chimichangas


    Snakeweasel wrote:
    Sorry I can't be of more use, I have been on both sides of the table when it comes to redundancy. The one thing I will say is think about how your employer has treated you during your employment. If they have treated you well during your nine years, then you probably have little to worry about in terms of how they will treat you regarding your redundancy. However, if they have treated you poorly ie withholding payments, then maybe it would be worth getting a solicitor.


    I wonder if you asked clearys workers would they give that advice.?
    Assess the facts, not your opinions.
    I hope it goes better for u guys!


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    #16
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Chimichangas wrote: »
    I wonder if you asked clearys workers would they give that advice.?

    I hope it goes better for u guys!

    Me too. Statutory redundancy seems like a slap in the face from them , and they have offered us zero support since telling us , e.g. with cvs etc . The 2 weeks plus 2/3 more weeks is the industry norm in my field.


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    #17
    BoatMad
    Registered Users Posts: 13,702 ✭✭✭✭BoatMad


    blueshark22 wrote: »
    Me too. Statutory redundancy seems like a slap in the face from them , and they have offered us zero support since telling us , e.g. with cvs etc . The 2 weeks plus 2/3 more weeks is the industry norm in my field.

    it may be the norm , but unfortunately it is not the law


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    #18
    uck51js9zml2yt
    Closed Accounts Posts: 18,268 ✭✭✭✭uck51js9zml2yt


    2 weeks is all they need pay you plus any monies owed like wages, holidays etc.
    Anything else is down to goodwill on their part

    Try negotiate as a group rather than individuals but they can choose the later if they choose.


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    #19
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Gracie Defeated Sundae wrote: »
    2 weeks is all they need pay you plus any monies owed like wages, holidays etc.
    Anything else is down to goodwill on their part

    Try negotiate as a group rather than individuals but they can choose the later if they choose.

    Ya totally get that 2 weeks is the law , but if they haven't followed correct procedure we might get another week / two out of them , they've also told us to take all holidays owed before end date - I have asked to take payment in lieu but no reply back . We also get a yearly bonus , this hasn't been mentioned , they aren't answering any of these questions . Yes we hoe to act as a group - even though length of service varies.


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    #20
    davo10
    Closed Accounts Posts: 6,926 ✭✭✭davo10


    blueshark22 wrote: »
    Ya totally get that 2 weeks is the law , but if they haven't followed correct procedure we might get another week / two out of them , they've also told us to take all holidays owed before end date - I have asked to take payment in lieu but no reply back . We also get a yearly bonus , this hasn't been mentioned , they aren't answering any of these questions . Yes we hoe to act as a group - even though length of service varies.

    Just to be clear, the dates on which leave is taken is at the discretion of your employer so they can make you take any leave owed before you finish up. Also, unless bonuses are guaranteed in your contract, they are at the discretion of your employer and given that they are making employees redundant, they can argue that they could not afford to pay bonuses.


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    #21
    Uncle Ben
    Closed Accounts Posts: 1,843 ✭✭✭Uncle Ben


    The best place to go to for the OP would be NERA. Google it. A very impartial state agency that will explain to this person the minimum entitlements in relation to redundancy, holiday pay etc. They won't negotiate better terms however he will find out the basic terms allowable by legislation.


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    #22
    Graham
    Moderators, Society & Culture Moderators Posts: 17,642 Mod ✭✭✭✭Graham


    Uncle Ben wrote: »
    The best place to go to for the OP would be NERA. Google it. A very impartial state agency that will explain to this person the minimum entitlements in relation to redundancy, holiday pay etc. They won't negotiate better terms however he will find out the basic terms allowable by legislation.

    The services previously provided by NERA are now provided by the Wokplace Relations Commission.


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    #23
    Uncle Ben
    Closed Accounts Posts: 1,843 ✭✭✭Uncle Ben


    Graham wrote: »
    The services previously provided by NERA are now provided by the Wokplace Relations Commission.

    Thanks for that. The daughter used the services of NERA a few years back and they resolved her issues in her favour.


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    #24
    blueshark22
    Closed Accounts Posts: 205 ✭✭blueshark22


    Hi , just an update on what happened with the redundancy. After posting the above I was contacted privately by another boardie called - Factnee. I must say from the off - I cannot recommend him highly enough with regard to his employment law expertise. After he provided me with his linkedin details , where I could see he had vast HR /IR experience, he took a phonecall the next day and provided advice on my situation.

    After this myself and some of my colleagues met with him for an initial consultation where he clearly lined out that my employers had grossly breached several different employment acts.

    10 of us then employed him as our representative , after meeting twice with my employers we came to no agreement so ended up in the WRC for mediation.

    Our initial redundancy was the statutory 2 weeks , not to go into too much detail but because we were unfairly selected for redundancy , we had bargaining power.

    In the end with the help of Factnee my redundancy tripled which was such as a relief as it gives me some breathing space and proves that we were unfairly treated.

    Again I could not recommend him enough.

    B


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