Poor Redundancy Procedure Can Lead to a Costly Unfair Dismissal Claim

[@walboyfredo6025]

...plus if the organisation don't provide an alternative employment offer.

[@JP-fr5ki]

Hi What if u where 60 and injured at work and not able to do the physical aspect of your job but are able to get to the place of work and the employer will not make you redundent for the simple reason that he does not want to give you redundantcy pay. He also says you need to go on statutory sick pay because you are not of any value injured even though you have 40 years of work experience in a particular sector. I would be very greatful if you could awnser this question.

[@terrygorry]

I don't give people legal advice on KZbin, it's not a smart thing to do but in general I would say 3 things in reply to your question: 1. you cannot force an employer to make you redundant if there is no redundancy 2. if you are not capable of fulfilling the contract of employment there is a possibility the contract could be terminated 3. if you had an accident at work, and the employer was negligent, you can bring a claim for the personal injury and all the losses that flow from that. These are general propositions; if you want specific legal advice about your situation you need to avail of a consultation:employmentrightsireland.com/employment-rights-for-employees/

[@JP-fr5ki]

@@terrygorry Thank you for your reply

[@veganonline]

Is this only the case for people employed over 2 years? Its seems under 2 years employees have no rights?

[@yamnayaseed356]

Employees have no rights anyway😂 You would sue under the unfair dismissal act which comes into play after 12 months of employment. The 2 year rule is for redundancy payment.

[@franktrappe4916]

Is there any particular test you use to determine, or should every case be taken on its own merits?

[@terrygorry]

Are you referring to cases generally, Frank, or employment or redundancy cases?

[@franktrappe4916]

On the related topic, in relation to redundancy, is there and the redundancy been a sham redundancy, that could lead to it becoming a UD case.

[@terrygorry]

@@franktrappe4916 All the circumstances of each situation would need to be looked at, especially whether any type of financial or organisational analysis has been carried out prior to the redundancy. If any report can be used to justify it then it has a better chance of being accepted as a genuine redundancy. The procedure must be correct, however, and if selection is relevant, it must be fair and rational.

[@franktrappe4916]

Thank you

[@jasonharding8389]

Hi Terry I was furloughed 3 months ago due to the covid 19 pandemic I finally received a phone call last week thinking I was going back to work excited I was greeted with bad news Jason due to financial hardship we are making you redundant I work with two other men who were being kept on who both who were employed after me I was given no real reason why they favoured the other two fellas just that the decision had been made the phone call lasted all of two minutes is it worth going down the road for unfair dismissal or unfair redundancy thanks for this upload most informative regards Jason

[@terrygorry]

If you want legal advice you need to arrange a consultation. Or Citizens advice offer a free service 👍

[@vanessaaraujo6690]

Did anything come of this? Im currently in the same situation.