Statutory redundancy pay in Ireland: who qualifies and how much
If your job ends because your employer is closing, moving, or needs fewer people to do your kind of work, you may be entitled to a statutory redundancy payment, a tax-free lump sum under the Redundancy Payments Acts 1967 to 2014. The right is set out in section 7 of the Redundancy Payments Act 1967: an employee dismissed by reason of redundancy, or laid off or kept on short time for a minimum period, is entitled to the payment if they have the required service and were in insurable employment.
The formula is fixed by law: two weeks' normal weekly pay for every year of continuous service, plus one additional week's pay, with weekly pay capped at €600. You need at least 104 weeks' (2 years') continuous, reckonable service with the employer, and you must have been in employment insurable at the full rate of PRSI (usually Class A). Many employers pay more under the contract or a collective agreement, but the statutory amount is the legal minimum.
If the employer refuses or fails to pay, you can bring a claim to the Workplace Relations Commission (WRC). If the employer is insolvent, the Department of Social Protection pays the statutory amount from the Social Insurance Fund. This guide explains how to check whether you qualify, how to calculate your payment, which deadlines apply, and what to do if the redundancy itself looks like a cover for an unfair dismissal.
Key facts
Deadline
A claim for statutory redundancy must be made to the employer in writing, or referred to the WRC, within 52 weeks of the date of dismissal; if you have a reasonable cause for missing that deadline, the WRC can still allow a claim lodged within 104 weeks (section 24 of the Redundancy Payments Act 1967, as amended in 1971 and 2015). An employer proposing to make you redundant must give you written notice at least 2 weeks before the dismissal, in addition to your minimum notice under the Minimum Notice and Terms of Employment Act 1973. A separate claim that the selection for redundancy was unfair has a much shorter limit: 6 months from dismissal under the Unfair Dismissals Act 1977.
What to do
- Check that it is a genuine redundancy. Under section 7(2) of the 1967 Act, a dismissal is by reason of redundancy if it is wholly or mainly due to the employer closing the business or the workplace, or to a reduction in the need for employees to do work of your particular kind. It is the job that must go, not the person. If your role is filled by someone else soon afterwards, or you were picked because of a dispute, a complaint, pregnancy or another protected reason, the "redundancy" may in fact be an unfair dismissal. Ask the employer in writing for the business reason, the selection criteria, the pool of employees considered and the alternatives explored.
- Check that you qualify. You need at least 104 weeks of continuous, reckonable service with the employer (including service with a previous owner where the business was transferred), you must be aged 16 or over, and you must have been in employment insurable for all benefits, which in practice means full-rate Class A PRSI. Part-time, fixed-term and agency workers can qualify if those conditions are met. Some absences are not counted as reckonable service, such as lay-off periods and long illness absences in the last three years before dismissal; your service counts, but those weeks are deducted when calculating the amount. Gather your contract, payslips and P60s or employment detail summaries from Revenue.
- Calculate the statutory payment. The lump sum is two weeks' normal weekly remuneration for each year of reckonable service, plus one bonus week. Normal weekly remuneration includes basic pay, regular overtime and benefits in kind, before tax, but is capped at €600 a week for statutory purposes. Part years count proportionately (days divided by 365). Example: 10 years' service and gross pay of €800 a week gives 2 × 10 × €600 = €12,000, plus €600, a total of €12,600. Statutory redundancy is exempt from income tax. Any ex gratia amount above it may also be partly tax-free under the basic or increased exemption, which is worth checking with Revenue before you sign.
- Check the notice and paperwork. An employer who proposes to dismiss you for redundancy must give you written notice of the proposed dismissal at least 2 weeks in advance (section 17 of the 1967 Act), and you are also entitled to your minimum notice under the 1973 Act, ranging from 1 week (under 2 years' service) to 8 weeks (15 years or more), or pay in lieu. Ask for a written statement of how your statutory payment was calculated. If you are offered a settlement with an enhanced payment, read whether it includes a waiver of other claims, such as unfair dismissal, and get independent advice before signing.
- Consider any offer of alternative work. Under section 15, you lose the right to a redundancy payment if, before the dismissal, the employer offers to keep you on in the same job or in suitable alternative employment and you unreasonably refuse. Whether an offer is suitable depends on pay, hours, location, status and your personal circumstances, such as caring responsibilities or travel. If you are unsure, ask for a trial period and put any objections in writing with reasons. An unreasoned refusal of a genuinely suitable offer can cost you the entire statutory payment.
- If you have been laid off or put on short time, you may be able to claim. Under section 7(3), if you are laid off or kept on short time (less than half your normal weekly hours or pay) for 4 or more consecutive weeks, or 6 weeks within a 13-week period, you can give the employer written notice that you intend to claim redundancy. The employer then has a short window to offer at least 13 weeks of uninterrupted work by counter-notice; if it does not, you can resign and claim. This route has strict notice requirements, so use the official forms or a clear written notice, and take advice before resigning.
- Make the claim and refer disputes to the WRC. If the employer has not paid, write to the employer claiming your statutory redundancy payment, with your calculation, well within 52 weeks of dismissal. If it still refuses or disputes your entitlement or the amount, lodge a complaint under the Redundancy Payments Acts using the WRC online complaint form. An adjudication officer decides whether you are entitled and how much; either side can appeal to the Labour Court within 42 days. If your real complaint is that the selection for redundancy was unfair, add an unfair dismissal complaint, which must be lodged within 6 months of the dismissal.
- If the employer cannot pay, apply to the State. Where the employer is insolvent, has ceased trading or otherwise fails to pay, you can apply to the Department of Social Protection for payment of the statutory amount from the Social Insurance Fund, using the employee application form (currently form RP50, available on gov.ie). You will need to show that you took reasonable steps to obtain payment from the employer, for example a written demand and, where relevant, a WRC decision. Where there is a liquidator or receiver, the application is usually processed with their confirmation. The State pays only the statutory amount, not any contractual enhancement.
What to watch out for
- The 6-month time limit for an unfair selection claim is much shorter than the 52 weeks for the redundancy payment. Lodge the unfair dismissal complaint early if you think the redundancy was not genuine.
- Signing a compromise agreement for an enhanced package usually waives all statutory claims, including unfair dismissal. Read the waiver clause and get independent advice before signing.
- Unreasonably refusing suitable alternative employment can remove the entire statutory payment. Put any reasons for refusing an offer in writing at the time.
- Using gross pay above €600 a week in your calculation overstates the statutory entitlement. Higher earners should negotiate any enhanced payment separately rather than rely on the statutory floor.
- Less than 104 weeks' service or a period of non-insurable employment, for example as a self-employed contractor, means no statutory payment. If your status as an employee is disputed, raise it promptly.
- Resigning before the employer has given formal notice of redundancy, even if redundancies have been announced, can mean you resigned rather than were dismissed, and lose the payment.
Legal basis
Related court decisions
Frequently asked questions
How is statutory redundancy calculated in Ireland?
Two weeks' gross weekly pay for every year of reckonable service, plus one extra week, with weekly pay capped at €600. Part years count proportionately. For example, 6 years' service at €550 a week gives 2 × 6 × €550 = €6,600, plus €550, a total of €7,150. The maximum weekly figure means the payment does not rise for weekly pay above €600.
How long do I need to work to get redundancy pay?
At least 104 weeks, that is 2 years, of continuous service with the same employer, in employment insurable for all benefits under the Social Welfare Acts. Service with a previous owner counts where the business was transferred to your current employer. With less than 2 years you have no statutory right, though your contract may still provide a payment.
Is redundancy pay taxable in Ireland?
Statutory redundancy is exempt from income tax. Ex gratia payments above the statutory amount are taxable, but a tax-free basic exemption (currently €10,160 plus €765 per complete year of service) or a higher exemption may apply. Check the current figures with Revenue and ask the employer to apply the relief through payroll.
What if my employer refuses to pay redundancy?
Put your claim in writing to the employer with your calculation. If it is not paid, lodge a complaint with the WRC under the Redundancy Payments Acts within 52 weeks of dismissal. If the employer is insolvent or still fails to pay after a decision, apply to the Department of Social Protection for payment from the Social Insurance Fund.
Can I be made redundant while on maternity leave or sick leave?
Redundancy during maternity leave is not automatically unlawful, but selection connected with pregnancy or maternity leave is automatically unfair, and the employer must show a genuine, objective redundancy. Employees on sick leave can be made redundant if the role genuinely disappears and the selection is fair; using redundancy to end the employment of someone on sick leave is a common ground of challenge.
Does my employer have to offer me another job instead of redundancy?
There is no absolute duty, but a fair process normally includes considering alternatives, and failing to do so can make the dismissal unfair. If you are offered suitable alternative employment and unreasonably refuse it, you lose your statutory redundancy payment, so consider any offer carefully and give reasons in writing if you decline.
How much notice do I get before redundancy?
At least 2 weeks' written notice of the proposed redundancy, plus statutory minimum notice depending on service: 1 week for up to 2 years, 2 weeks for 2 to 5 years, 4 weeks for 5 to 10 years, 6 weeks for 10 to 15 years and 8 weeks for over 15 years. Your contract may give longer notice. Pay in lieu of notice is common.
What is the deadline to claim statutory redundancy?
52 weeks from the date of dismissal, by a written claim to the employer or a referral to the WRC. The WRC can extend this to 104 weeks if you show a reasonable cause for the delay. If you also want to argue that the redundancy was not genuine, that unfair dismissal claim must be lodged within 6 months.
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