Redundancy for Employees With Less than Two Years’ Service – How Do I Handle It?
Published on: 15/05/2020
Issues Covered:
Article Authors The main content of this article was provided by the following authors.
Jennifer Cashman Partner and Head of Employment Group, RDJ LLP
Jennifer Cashman Partner and Head of Employment Group, RDJ LLP
Jennifer cashman 2022

Jennifer Cashman has more than 20 years’ specialist experience advising a wide range of employers across a number of sectors. Recognised as a Leading Individual in Irish Employment Law in the 2023 edition of The Legal 500 Europe and is also recommended as a Leading Lawyer (Band 1) in Chambers Europe. Recognised thought-leader on various employment law and HR issues, in particular retirement ages and age discrimination. Clients praise Jennifer for her “practical, business-focused advice” and say “she gives "straight answers to straight questions… clearly very experienced and her delivery is fantastic - always clear and to the point."

We are unfortunately looking at making some of our staff redundant across our 4 units. The "last-in-first-out" rule will most likely apply. This will mean that majority of staff selected will be those with less than 2 years' service and therefore not entitled to redundancy payment. Are there any complications with dismissing employees with less than two years' service and what procedures do we have to follow?  How do we handle it?

The fact that the staff have less than 104 week's service simply means that they are not entitled to statutory redundancy payments. However, they still have all the same legal rights in terms of their selection and fair procedures being applied in the redundancy process.  They will

Continue reading

We help hundreds of people like you understand how the latest changes in employment law impact your business.

Already a subscriber?

Please log in to view the full article.

What you'll get:

  • Help understand the ramifications of each important case from NI, GB and Europe
  • Ensure your organisation's policies and procedures are fully compliant with NI law
  • 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
  • Receive free preliminary advice on workplace issues from the employment team

Already a subscriber? Log in now or start a free trial

Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 15/05/2020
Discover the smarter way to deliver staff training (without the stress)! Streamline your company-wide training, enhance your staff's skills, and in increase productivity with our learning management system, AppLI LMS