Online conference on Thursday 6th May 2021 from 2 pm to 5.15 pm.
Chaired by Rosemary Mallon, BL
This seminar will provide you with a comprehensive overview of the law and practice relating to redundancies. It will examine practical considerations for employers when implementing redundancies whether individual or collective. It will also examine the processes for collective information and consultation, and the applicability of the concept of “fair procedures” in the context of individual redundancies.
Practical advice on selection processes will be provided. This includes safeguarding against unfair selection for redundancy and discriminatory selection for redundancy. The steps in implementing a redundancy process will also be considered. In addition, the basis of legal challenges to redundancies and relevant case law will be reviewed.
The seminar will be of interest to practitioners acting for both employers and employees.
Issues to be considered will include:
What is a Genuine Redundancy – as defined in the Redundancy Payments Acts 1967 – 2014
Redundancy Processes and Practice
Lay off and Short Time
Entitlements on a Redundancy
Read more about each of these points below.
Maura Connolly, Partner and Head of the Firm’s Dispute Resolution Law Department. She also leads the Firm’s Employment & Employee Benefits Law Group.
Kate Field, Associate in Dispute Resolution and is part of the Employment & Employee Benefits Group.
Edel Flynn, Associate in the Employment & Employee Benefits Group at EFC and advises employers on all aspects of the employment relationship and with respect to equality law, in both contentious and non-contentious matters.
Is it sufficient if there is an element of redundancy in the dismissal or must it be the primary reason for the dismissal? : Daly v Hanson Industries
Are there specific grounds on which a redundancy dismissal will be considered unfair?
Can an employee be replaced by someone at a lower salary or by an employee who is better able to handle an increased workload?
What is the relevance of the distinction between ability and training?: St Ledger v Frontline Distributors Ireland Limited
Is it possible for an employer to use grounds specific to a particular employee to make that person redundant?: Moloney v Deacon
Can an employer make employees redundant on the grounds that the workforce requirements are “expected to cease or diminish” at some point in the future or must there be an imminent requirement that redundancies will take place: Keenan V Gresham Hotel
Where is the “place of work” in the context of remote working arrangements?
Selection for redundancy: What criteria should an employer consider when designing the selection matrix?
What happens where the selection criteria used by the employer is accepted as valid but there is a failure to notify the employee of the selection process so he was unable to make a constructive contribution to same? Boucher v Irish Productivity Centre
Can an employee be replaced by someone with superior qualifications?: Daniels V Co. Wexford Community Workshop (New Ross) Limited
Is an employer obliged to consider alternative positions for those who have been selected for redundancy? O Connor V Power Securities
The position where a genuine redundancy exists, but an employer fails to consider proposals put forward by an employee in order to avoid losing employment: Sheehan and O Brien V Vintners Association of Ireland
Is the “last in first out” approach challenge-proof? Is there a risk that it might give rise to an age discrimination claim?