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Ronan
Ronan, Solicitor
Category: Republic of Ireland Law
Satisfied Customers: 2244
Experience:  B. Corp Law, Ll.B. Dip Comm Prop. In general practice for more then 6 years
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Yesterday I received notice that I would be off on

Customer Question

Hello,
Yesterday I received notice that I would be laid off on 31.01.2017. My contract with this company will be two years on 09.02.2017, therefore I was told I am not entitled to redundancy. I also have this mention in Severance agreement:
''Notice period- Your contract of employment provides for 4 weeks notice and we are paying you in lieu of your notice period. Your termination date with the Company will be 31 January 2017. Your last day worked will be 31 January 2017''
Could you please let me know what this means and also let me know if I can do something regarding the redundancy?
Thank you,
Aura.
Submitted: 8 months ago.
Category: Republic of Ireland Law
Expert:  Ben Jones replied 8 months ago.

Hello and thank you for your question, which I will be happy to assist you with.

Expert:  Ben Jones replied 8 months ago.

Do you know whether your position will exist after 31st January 2017?

Customer: replied 8 months ago.
No, it will not
Expert:  Ben Jones replied 8 months ago.

OK thank you, ***** ***** it with me. I am in court for the rest of today so will prepare my advice in a while and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.

Customer: replied 8 months ago.
Thank you very much, I will wait for your answer.
Expert:  Ben Jones replied 8 months ago.

I am very sorry I did not realise you were based in ROI and I am a UK lawyer so cannot help. I will opt out and let an Irish lawyer pick this up instead. No need to reply in the meantime, thanks

Expert:  Ronan replied 8 months ago.
It means that you will be paid for 4 weeks in lieu of working your for 4 weeks notice. Unfortunately they are correct you do not qualify for redundancy as you do not have the requisite 104 weeks work in order to qualify for statutory redundancy. Further to this, you were on a fixed term contract and not entitled to redundancy in any event, in the normal course you would have finished work on the 9th Feb next
Customer: replied 8 months ago.
Hi Ronan, thank you for your answer. I am not on fixed term contract. I got a permanent contract few month ago.So, I can give the notice 4 weeks before 31 January 2017 and I don't need to go to work within these weeks, right?
Expert:  Ronan replied 8 months ago.

No if you give notice you must work out the 4 weeks. They are going to pay you 4 weeks rather then give you the contractual notice period of 4 weeks