Redundancy Claims
Made Redundant? Make Sure It Was Genuine
Redundancy is a lawful reason to end employment, but only when the role itself has genuinely ceased to exist and the selection process was fair. In practice, "redundancy" is one of the most misused words in Irish employment law - too often it is a label placed on what is really a dismissal. If the redundancy was not genuine, or you were unfairly selected, you may have a claim for unfair dismissal.
Your redundancy deserves a closer look if any of the following apply:
- Your role was made "redundant" but someone else was hired into the same or a similar position
- You were selected while colleagues in comparable roles were kept, with no clear or objective criteria
- There was no real consultation, no consideration of alternatives, and no right to respond
- The redundancy came shortly after a grievance, protected disclosure, pregnancy or period of leave
- You were not paid your statutory redundancy entitlement, or the calculation looks wrong
- You were pressured to sign a severance or waiver agreement without independent legal advice
Strict time limits apply. An unfair selection claim must normally be brought to the WRC within 6 months of dismissal, and a claim for an unpaid statutory redundancy payment within 52 weeks.
Your Statutory Redundancy Entitlement
With at least two years' continuous service, you are entitled to a statutory redundancy payment of two weeks' pay per year of service plus one additional week, subject to the statutory weekly ceiling. The payment is tax-free. We check the calculation, your service dates and whether any enhanced or ex gratia package on offer reflects what you should actually receive.
Unfair Selection Is Unfair Dismissal
Even where a genuine redundancy situation exists, the selection must be fair. Your employer must apply objective criteria, consult with you meaningfully, and consider alternatives such as redeployment. Where selection was unfair, or the redundancy was a cover for removing you, compensation for unfair dismissal can reach up to two years' remuneration.
Before You Sign Anything
Severance agreements usually ask you to waive your right to bring claims. Once signed, that waiver is very difficult to undo. Independent legal advice before signing costs little, is often paid for by the employer as part of the package, and regularly results in improved terms. Talk to us before you sign, not after.
Redundancy Solicitor Dublin
Expert legal advice on redundancy claims under Irish employment law.
Whether you’re an employer managing a redundancy process or an employee who believes your redundancy was unfair, our Dublin based employment solicitors can advise on your rights and options.
A dismissal by reason of redundancy is not automatically unfair, but the burden of proof rests with the employer to show the redundancy was genuine, the selection criteria were fair, and the process was properly carried out.
Where any of these elements fall short, an employee may have a claim for unfair dismissal.
Our Process
1. Assess the Redundancy
We review whether the redundancy is genuine, examining whether the role has actually ceased, diminished, or changed, or whether redundancy is being used to mask a dismissal for other reasons.
2. Challenge the Selection
If you were selected for redundancy, we assess whether fair and objective criteria were applied. Unfair or subjective selection, including criteria that are directly or indirectly discriminatory, can ground an unfair dismissal claim.
3. Examine Alternatives
Courts expect employers to consider alternatives to redundancy before letting an employee go. We assess whether your employer explored redeployment, retraining, or other options before making the decision.
4. Bring Your Claim
If the redundancy was not genuine or the process was flawed, we submit your complaint to the Workplace Relations Commission and represent you through the adjudication process.
Evaluate & Improvement
Under Irish law, redundancy arises in specific circumstances, where the business has ceased or intends to cease, where the need for employees to carry out particular work has diminished, where the employer decides to operate with fewer staff, or where the work is to be done in a different manner or by someone with different qualifications.
The key requirement is that the redundancy must be impersonal in nature. It cannot be used as a cover for removing employees considered less competent, or those with health or age-related issues, if that is the real reason, it is a dismissal, not a redundancy.
Where no agreed procedure or custom is in place, the reasonableness of the selection process is assessed by the objective standard of how a reasonable employer in that line of business, at that time, would have behaved. A fair selection procedure is considered a hallmark of a genuine redundancy.
GENUINE REDUNDANCY
The role must have actually ceased, diminished, or fundamentally changed. Redundancy cannot be used to disguise a performance-related or personal dismissal.
FAIR SELECTION
Employers must apply objective, non-discriminatory criteria when selecting employees for redundancy. Subjective or biased selection undermines the entire process.
ALTERNATIVES EXPLORED
Courts expect employers to examine alternatives such as redeployment or retraining before proceeding with redundancy. Failure to do so suggests the process was not genuine.
Frequently Asked Questions
When Redundancy Arises
- The business has ceased or intends to cease operating
- The need for employees to do particular work has diminished
- The employer decides to carry on with fewer staff
- The work is to be done differently or by someone with different qualifications
Challenging the Selection
- Criteria must be fair, objective, and applied consistently
- Directly or indirectly discriminatory criteria can ground an unfair dismissal claim
- Reasonableness is judged by how a reasonable employer in the same industry would have acted
- The burden of proof rests entirely on the employer
Were Alternatives Considered?
- Redeployment, retraining, or reduced hours should be explored
- A genuine redundancy process examines all options before termination
- Failure to consider alternatives undermines the employer’s case
- Courts view a fair process as a mark of an honest approach to redundancy
Making Your Claim
- Unfair dismissal claim to the Workplace Relations Commission
- The employer must prove the dismissal was wholly or mainly due to redundancy
- Redundancy used as a cloak for weeding out employees is not lawful
- Expert representation ensures the process is properly scrutinised
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Straight answers, in three steps
Most people have never needed a solicitor before. Here is exactly what happens when you contact us.
Tell Us What Happened
Send the form or call us. We listen, ask the right questions, and give you a straight answer on whether you have a case worth pursuing.
Agree The Plan Of Action
We set out exactly how your case will run and what to expect at each stage, all agreed in writing before anything begins. WRC claims usually must be lodged within six months, so we move quickly.
We Pursue Your Claim
Negotiation first, then the WRC, Labour Court or civil courts if needed. Most of our clients settle without ever facing a hearing.