When an employer offers a worker re-engagement or reinstatement via an alternative position, and the terms do not differ from those of the previous contract, the employee will not be entitled to claim redundancy.
Employers must provide any offer of alternative work to employees in writing and they are entitled to full information concerning the details of the offer. If an employer cannot provide alternative work, employees are entitled to a statutory redundancy entitlement. The amount is related to the employee’s length of service and normal earnings (gross weekly wage, average regular overtime and payment in time), all added together, up to a maximum of €600 per week or €31,200 per annum.
Tully Rinckey employment law solicitorscan assist with determining the most viable course of action regarding re-engagement and/or reinstatement of employees. In addition, we have extensive experience in advising on and drafting these covenants.
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