Redundancy in Ireland has become a growing issue with the global economic shake down lingering for the past couple of years and rearing its ugly head against companies of all sizes across all industries. Tens of thousands of workers have faced redundancy in Ireland in the past years with over a thousand Irish companies declaring corporate failures. As an employer looking to cut down the workforce due to redundancy, it is important to keep certain guidelines in mind to avoid a multitude of terminated employees filing redundancy claims or unfair dismissal claims with the Employment Appeals Tribunal. In these cases, you should also be ready to show proof that there is genuine reason for you to terminate your employees due to redundancy and that you have followed fair procedures in dismissing your employees. Before you even think of dismissing your employees due to redundancy in Ireland, an alternative would be to offer another position in which these employees could use their skills or to make an offer for voluntary redundancy in which employees can choose to have themselves terminated without curtailing their employment rights for redundancy compensation.
Your employees have employment rights that provide protection against unfair dismissal – while redundancy is one of the reasons that are considered to be a valid cause for dismissal, not following the right procedures in dismissing your employees could actually entitle them to their employment rights to file for an unfair dismissal claim. Redundancy in Ireland is governed by various sets of Irish legislation such as the Unfair Dismissals Act and the Redundancy Payments Act enacted in 1977 and in 2003 respectively. A solicitor with a solid background in employment rights legislation and redundancy in Ireland would be able to help employers ensure that they do not violate any employment rights as their companies go through the redundancy process. Any employer who has a genuine reason to declare their employees redundant should have a solicitor in the loop throughout the process to avoid any infringements on employment rights. Among the things that you should do in the redundancy process include: holding consultations with concerned employees, having a fair criteria for selecting employees to be declared redundant, and making the necessary computations as to the redundancy pay your employees are entitled to based on the Redundancy Payments Act.
Declaring your employees redundant without just cause or fair selection is one of the biggest mistakes you could make, as is not being financially prepared to compensate your redundant employees as stipulated by law. The laws governing redundancy in Ireland could be quite complicated and getting you through the process without causing your business more problems is only possible with the help of a solicitor who is well-versed with employment rights laws and is experienced in handling cases involving redundancy in Ireland. You should not make the mistake of going through the redundancy proceedings without being advised by a qualified solicitor. Especially in the case of a collective redundancy, you should also not undermine the role of any existing trade union in the consultations – your solicitor can hold consultations and negotiations with the trade union to ensure that the best possible resolution to the redundancy proceedings is undertaken without much burden to your company and with terms most acceptable to your employees. Spending for the services of a competent solicitor will definitely not go to waste and will save your company from the unnecessary hassles of legal disputes.