CURRENT LEGAL ARTICLES

In today’s changing economic landscape, redundancy has become an increasingly common experience for employees across Ireland. While losing a job can be stressful and uncertain, the law provides clear protections and entitlements designed to ensure fairness.

If you are facing redundancy in Cork, one of the first questions you may have is whether you are entitled to redundancy pay and whether the process has been handled correctly. Speaking with a Cork employment solicitor at an early stage can help clarify your position and avoid unnecessary uncertainty.

Who This Information Is For

This information is intended for employees in Cork and throughout Ireland who are facing redundancy or believe their employment has been terminated unfairly.

It is particularly relevant for individuals who are unsure whether they qualify for redundancy pay or whether the process followed by their employer was lawful.

What Is Redundancy Under Irish Employment Law?

Redundancy arises where an employee loses their job due to circumstances beyond their control, typically because the role itself is no longer required.

This may occur due to:

• Business closure or restructuring
• Financial difficulties within an organisation
• Technological changes replacing certain roles
• A reduction in workforce requirements

Importantly, redundancy must be genuine. An employer cannot use redundancy as a means to dismiss an employee for reasons related to performance or conduct.

In our experience advising employees in Cork, disputes often arise where redundancy is presented as genuine, but the underlying circumstances suggest otherwise.

Am I Legally Entitled to Redundancy Pay?

In Ireland, statutory redundancy pay is governed by specific legal criteria. You are generally entitled to redundancy payment if:

• You are aged 16 or over
• You have at least 104 weeks (2 years) of continuous service
• You are in insurable employment under the Social Welfare system

If these conditions are met, you may qualify for statutory redundancy regardless of the size of your employer.

We regularly advise clients across Cork and Munster who are unaware that part-time employees and those on certain contracts may still qualify, provided continuity requirements are satisfied.

You may also find it helpful read our guide: Notice Periods and Termination Rights: Irish Employment Law

How Is Redundancy Pay Calculated?

Statutory redundancy pay is calculated as:

• Two weeks’ pay for every year of service, plus
• One additional week’s pay

A weekly earnings cap applies, which may affect the final amount depending on your salary.

In some cases, employers offer enhanced redundancy packages. These may arise from contractual terms or company policies, particularly in larger organisations.

What If My Employer Refuses to Pay Redundancy?

Disputes regarding redundancy entitlement can arise in a number of situations, including:

• Claims that redundancy is not genuine
• Disagreements over length of service
• Failure to follow fair selection procedures
• Non-payment or underpayment of redundancy

If issues arise, a claim may be brought before the Workplace Relations Commission (WRC).

You can also read our guide to unfair dismissal claims under Irish employment law for a broader understanding of related issues. Further guidance is available in our article on Workplace Relations Commission procedures.

You may also find it helpful to read our guide: What Constitutes Unfair Dismissal in Ireland?

When Redundancy May Be Unfair

Even where redundancy exists, the process must still be fair. A redundancy dismissal may be challenged where:

• You were unfairly selected
• No proper consultation process took place
• Alternatives to redundancy were not considered
• Redundancy was used as a pretext for dismissal

In Cork, we regularly see situations where the redundancy itself is valid, but the procedure followed raises concerns. In such cases, an unfair dismissal claim may arise alongside redundancy entitlement.

Steps to Take If You Are Facing Redundancy

If you believe you are being made redundant, consider taking the following steps:

• Request written confirmation of the redundancy decision
• Review your employment contract carefully
• Ask how the selection process was carried out
• Keep records of all communication
• Seek legal advice before signing any agreements

Taking early action can help protect your position and ensure your rights are preserved.

Why Early Legal Advice Matters

Redundancy situations often involve both legal and practical considerations. While some cases are straightforward, others can become more complex, particularly where disputes arise.

Seeking guidance from a solicitor experienced in employment law allows you to:

• Confirm your entitlement to redundancy pay
• Assess whether the process was fair
• Understand your legal options
• Avoid signing agreements that may affect your rights

A careful and informed approach can make a meaningful difference in achieving a fair outcome.

Frequently Asked Questions

Do I qualify for redundancy if I work part-time?

Yes, part-time employees may qualify if they meet the continuous service requirement.

Can I be made redundant while on leave?

Yes, but the redundancy must still be genuine and follow a fair process.

What happens if I refuse a redundancy offer?

This depends on the circumstances. Refusing suitable alternative employment may affect your entitlement.

How long do I have to make a claim?

Claims to the Workplace Relations Commission are generally made within six months.

Is redundancy the same as unfair dismissal?

No, but a redundancy may be challenged if the process followed was not fair.

Conclusion

Redundancy can be a difficult and uncertain experience, but Irish employment law provides a clear framework to ensure fairness and protect employees.

Understanding whether you are entitled to redundancy pay — and whether the process has been handled correctly — is an important step in protecting your position.

For individuals in Cork, obtaining clear advice at an early stage can provide reassurance and help you make informed decisions about what to do next.

Contact

If you are facing redundancy and would like clarification on your legal position, confidential advice can be sought from a solicitor experienced in employment law matters.

Dylan Green & Associates Solicitors
Office: Horgan’s Quay, The Waterfront Square, CORK, T23 PPT8
Phone: 021 470 8570
Email: info@greensolicitors.ie

This article was prepared by a solicitor practising in employment law.

Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice. Every case depends on its own facts, and independent advice should be sought based on your individual circumstances.