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Can anyone recommend a good employment solicitor or advise on this please

  • 07-07-2020 05:04PM
    #1
    Registered Users, Registered Users 2 Posts: 193 ✭✭


    Hi All
    Was hoping to get some advice and direction on this please
    I work for a large global multinational for close to 6 years, I have an unblemished work record and have had 3 promotions in 5 years,

    This company have offices all over the world , lately there has been talk of closing most of the European bases and using their flagship office in Madrid.

    So yesterday I had the dreaded call with HR on this, Well, in fact, my manager set up a call with me and then all of a sudden senior management just joined the call I was not prepared for that, they stated that they are closing the Dublin office in the next 3 months and I was being made redundant

    I’m not sure if this applies to me or if this is legal or can be done based on the below:
    • I actually work remotely from home already and obviously have done more extensively for the past 4 months – So I don’t feel I need and office ?
    • I am the only one in my company they have employed to work the Turkish and Israeli market I’m fluent in Hebrew and Turkish so I’m the only one who deals with these clients.

    They offered me a relocation to the Madrid office but that’s just not feasible for me

    Can a company declare radiancy when you very rarely use an office ?
    What would you recommend any advise is helpful

    Thanks


Comments

  • Registered Users, Registered Users 2 Posts: 36,170 ✭✭✭✭ED E


    oholly121 wrote: »
    Hi All
    Was hoping to get some advice and direction on this please

    Good work reading the stickies, this is prohibited on boards.


  • Administrators, Entertainment Moderators, Social & Fun Moderators, Society & Culture Moderators Posts: 18,782 Admin ✭✭✭✭✭hullaballoo


    ED E wrote: »
    Good work reading the stickies, this is prohibited on boards.
    I don't think this is a necessary comment.

    While there is a rule against legal advice, the contributors to this forum regularly provide helpful information in relation to how queries like this can be progressed.


  • Registered Users, Registered Users 2 Posts: 193 ✭✭oholly121


    I don't think this is a necessary comment.

    While there is a rule against legal advice, the contributors to this forum regularly provide helpful information in relation to how queries like this can be progressed.

    I was just looking for general advise or direction on this particular situation

    Or if anyone has been in similar situation and how they handled it?


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Purely practical advice / thoughts.

    Keeping just one employee, even if they are rarely in the office is going to involve some sort of cost and paperwork in Ireland. Have you suggested a relocation in principle, i.e. Spanish employment contract, Spanish base, Spanish HR etc. but continue remote working in Ireland with, say, a day in the office a month in Madrid?


  • Registered Users, Registered Users 2 Posts: 193 ✭✭oholly121


    Purely practical advice / thoughts.

    Keeping just one employee, even if they are rarely in the office is going to involve some sort of cost and paperwork in Ireland. Have you suggested a relocation in principle, i.e. Spanish employment contract, Spanish base, Spanish HR etc. but continue remote working in Ireland with, say, a day in the office a month in Madrid?

    I actually did ask for similar to this but they requested complete relocation which I cannot do at present!


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  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Not sure I'd be going to a solicitor and paying for a full consultation initially on this one, but you might get five minutes on the phone to be at least told if there is any avenue that can be explored. I'd just ring around the ones a google search would yield.


  • Registered Users, Registered Users 2 Posts: 26,453 ✭✭✭✭Mrs OBumble


    Purely practical advice / thoughts.

    Keeping just one employee, even if they are rarely in the office is going to involve some sort of cost and paperwork in Ireland. Have you suggested a relocation in principle, i.e. Spanish employment contract, Spanish base, Spanish HR etc. but continue remote working in Ireland with, say, a day in the office a month in Madrid?


    If s/he's tax resident in Ireland and an employee, then the company needs to operate at least a tax presence here. So I can see why they'd say no.

    Would the Spanixh office consider having you as a contractor?


  • Registered Users, Registered Users 2 Posts: 53,880 ✭✭✭✭tayto lover


    The best solicitor in that field is /mod deletion/


  • Registered Users, Registered Users 2 Posts: 4,138 ✭✭✭3DataModem


    Couple of things.

    1. Closing an office you are attached to IS grounds for your redundancy even if you never go there. I have been through this process. The reasons are not just cost; your work might incur a corporation tax liability for the company by the fact of your physical presence in Ireland (especially if you are making decisions) but if you are "making things" (like software) then you there are other issues like VAT.

    2. It is possible for an EU company to employ Irish staff on PAYE. They just need to apply for a company number in order to process payroll, but they don't actually need to have an entity here. I worked for a foreign company for a year and they did exactly this.


  • Registered Users, Registered Users 2 Posts: 4,138 ✭✭✭3DataModem


    Here is the form my company used to register for income tax etc in Ireland:
    https://www.revenue.ie/en/self-assessment-and-self-employment/documents/form-tr2-non-resident.pdf

    The other time I was working for a company and my presence in Ireland as an employee after they closed the Irish office would have created a tax and liability issue, so they were going to switch me to a consultancy arrangement via their UK office. This was not ideal for them or for me, but was the only way that didn't cause a problem. In the end I left before this happened, but my replacement also worked in Ireland so signed the consultancy contract with the UK business.


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