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Right to Claim Redundancy Suspended (Again)
Suspension of Redundancy Rights
The Irish Government, on 24 November 2020, announced yet another extension of certain provisions which preclude an employee from claiming redundancy from their employer, if they have been temporarily laid off, or placed on short-time work, for an extended period. It was expected that the suspension of these rights would expire on 30 November 2020. However, the Government has announced an additional extension of the relevant provisions, until 31 March 2021.
Statement by Tánaiste
The Tánaiste said:
"I want to acknowledge how difficult this year has been for businesses and their staff. I know this news will be really disappointing for some staff who were hoping to take redundancy before the end of the year. This was a really difficult decision for the government to make and not one which was taken lightly. It was taken in the best interests of society as whole in order to avoid the triggering of further business failures and job losses.
"We know that the first quarter of 2021 will be particularly challenging for many businesses which apart from dealing with considerable trading difficulties due to COVID-19 will also be facing the added disruption and uncertainty of Brexit. We want to help businesses to survive this period so that we can protect as many jobs as possible and get people back to work as soon as it is safe to do so."
Lay-off and Redundancy Rights
Section 12 of the Redundancy Payments Act provides that an employee on lay-off or on short-time hours, for 4 weeks or more, or 6 weeks in the previous 13 weeks, can claim redundancy from their employer.
The Emergency Measures in the Public Interest (COVID-19) Act suspends that right during the emergency period:
Section 12 shall not have effect during the emergency period in respect of an employee who has been laid off or kept on short-time due to the effects of measures required to be taken by his or her employer in order to comply with, or as a consequence of, Government policy to prevent, limit, minimise or slow the spread of infection of Covid-19.
The emergency period was originally
defined as that period beginning on 13 March 2020 and ending on 31 May 2020.
This change does not prevent an employer from making an employee redundant, but does prevent an employee from asserting their right to redundancy.
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