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Possible redundancy scenario for retired employee

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  • 27-03-2020 1:53pm
    #1
    bren1234
    Registered Users Posts: 1 ✭


    Hi all,
    looking for someone who might have some knowledge in this area (I will seek professional advice also).

    I am a manager in smallish organisation. one of my staff who has worked on a permanent fulltime contract for 15 years retired in Dec of last year. He wrote a letter of resignation resigning from his permanent full time position.

    His intentions before resigning were that we would hopefully be offering him part time hours . This request was fulfilled and he went straight on to a 12 month part time contract (doing a specialised role).

    Due to financial concerns at present we are now looking to terminate the part time role.

    If we terminate the part time role is there potentially a redundancy situation arising because the employee has had continuous service (even thought the employee resigned of their accord in December, albeit continued with us part time there after)

    If there is a redundancy claim would it be based on their 15 year full time salary service?

    any thoughts would be completely appreciated


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    #2
    _Brian
    Registered Users Posts: 18,574 ✭✭✭✭_Brian


    It depends on the paper trail.

    If he can put forward that he was coerced onto a contract then yes he should be able to push for full 15years term redundancy. Based on the fact that you cannot use a service contract to circumvent an employees statutory rights.

    If your confident the paperwork will stand to him initiating the resignation initially then you “may” be ok, but my gut feeling is it could still go either way.

    Letting full time staff go and then immediately rehiring them on differing short term contracts always leave the employer in a bind if things go wrong, it’s so easily construed that it was the employers idea.


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