Redundancy occurs where an employee’s position ceases to exist and the employee is not replaced. Any employee aged 16 or over with 104 weeks’ continuous service with an employer is entitled to a statutory redundancy payment in this situation.
An employee who has received a 'Notice of Proposed Dismissal for Redundancy (Form RP50 (Part A))' may decide to leave the employment earlier than the date of redundancy notified to him/her, for example to take up an offer of alternative employment. If he/she decides to leave, there is a risk that he/she may lose any entitlement to redundancy payments unless they notify their employer in writing using Form RP6 - Leaving Before a Redundancy Expires. An employer has discretion as to whether to grant such a request or not. It should be noted that leaving during the notice period without the employer's agreement may affect a person's entitlement to a redundancy payment.
If you have been laid off or on short-time working for 4 weeks or more, you may give your employer notice of your intention to claim a redundancy payment on Form RP9 - Lay Off and Short Term Procedures.
The Emergency Measures in the Public Interest (Covid 19) Act 2020 suspended some provisions relating to layoff and short-time. Details can be found at the following link, lay-offs/short-time due to Covid-19.
If an employer has not paid the employee his/her redundancy lump sum, he/she should apply to the employer for it using form RP77 - Claim by an Employee against an Employer for a Lump Sum or Part of a Lump Sum. If your employer still refuses to pay it, you can apply to the Department of Employment Affairs and Social Protection for direct payment from the Social Insurance Fund.
The statutory redundancy payment is two week’s gross pay per year of service up to a ceiling of €600 per week plus one week’s pay, which is also subject to the ceiling of €600. This payment is tax-free. For information on how to calculate your entitlements please go to the redundancy calculator on the Department of Social Protection website. Some employers may make redundancy agreements above the statutory rate.
For information on the status of redundancy lump sum or rebate claims submitted for payment you can contact the Redundancy Payments Section directly on 1890 800 699. Further information will also be published on www.welfare.ie
For a copy of the relevant redundancy forms please go to the redundancy page on the Department of Employment Affairs and Social Protection website.
Use these links to view or download copies of the Redundancy Payments Act, 1967 or the Protection of Employment (Exceptional Collective Redundancies and Related Matters) Act, 2007.