Redundancy Claim Defence – Redeployment
An employee will likely be disentitled to a redundancy payment if they have been offered alternative employment by the employer but they unreasonably refuse.
The employer must have either drafted a new contract or stated they will renew the existing contract and the employer makes this offer in writing.
The offer should be reasonable and suitable alternative employment.
This provision ie S.15 of the Redundancy Payments Acts, 1967, covers redeployment to a different office or location.
What is the suitable alternative employment evidently is what the employee will need to assess.
Does it put them at a disadvantage where the commute is unreasonable, for example.
If an employees new commute isn’t feasible there may be grounds for claiming redundancy and a constructive dismissal claim for breach of contract.
An issue can arise in relation to a reduction of salary on redeployment.
Where a redeployment takes place and the employees salary is reduced to less than one-half of his/her normal weekly remuneration, or his/her hours of work are reduced substantially but not to less than one-half of his normal weekly hours, and the employee temporarily accepts the reduction in remuneration or hours of work, and indicates his/her acceptance to his employer for temporary acceptance, then for the following 52 weeks the law states the employee will not be deemed to have accepted the alternative employment.
Disclaimer Redundancy Claim Defence
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be sought from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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