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Redundancy Solicitor

Redundancy Claims under Irish Employment Law

We are here for you when you need expert legal advice on redundancy law in Ireland. Crushell & Co employment solicitors have extensive experience in advising both employers and employees on all aspects of redundancy law in Ireland. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms.



Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your redundancy law issue.

Redundancy and 
Unfair Dismissal

The dismissal of an employee is deemed not to be unfair if it results wholly or mainly from redundancy. The burden of proof rests with the employer to establish that the dismissal was wholly redundancy connected and must justify the selection process whereby the employee was selected for redundancy. 

Redundancy 
Selection Criteria 

An employer will need to prove that they applied fair and objective criteria in the selection of employees who are or were made redundant. If the criteria is directly or indirectly unfair, or not applied objectively, a redundant employee may have a claim for unfair dismissal.

Selection Process for Redundancy

Where redundancy arises, and no agreed procedure or custom is in place, the reasonableness of the selection criteria is usually focused on and tends to be assessed by the objective standard of the way in which a reasonable employer in these circumstances in that line of business, at that time would have behaved. 

Burden of Proof in Redundancy Cases

In all cases of dismissal, whether by reason of redundancy or for substantial grounds justifying dismissal, the burden of proof rests on the employer to demonstrate that the termination of employment came within a lawful reason. 

Cease or Change in Business 

"...the fact that his employer has ceased, or intends to cease, to carry on the business for the purposes of which the employee was employed by him or has ceased, or intends to cease, to carry on that business in the place where the employee was so employed."

Work has 
Changed

"... the fact that the requirements of that business for employees to carry out work of a particular kind in the place where he was so employed, have ceased or diminished or are expected to cease or diminish."



Fewer 
Employees

"... the fact that his employer has decided to carry on the business with fewer or no employees, whether by requiring the work for which the employee had been employed (or had been doing before his dismissal) to be done by other employees or otherwise."

Working in a Different Manner

"... the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should hence forward be done in a different manner for which the employee is not sufficiently qualified or trained." 

Work done by more Qualified Employee

"... the fact that his employer has decided that the work for which the employee had been employed (or had been doing before his dismissal) should henceforth be done by a person who is also capable of going other work for which the employee is not sufficiently qualified or trained."

Alternatives to Redundancy Examined?

Courts have noted that “It may be prudent and a mark of a genuine redundancy that alternatives to letting an employee go should be examined” and that “a fair selection procedure may indicate an honest approach to redundancy by an employer”.

Was Redundancy Impersonal in Nature?

Redundancy, cannot, therefore be used as a cloak for the weeding out of those employees who are regarded as less competent than others or who appear to have health or age-related issues. If that is the reason for letting an employee go, then it is not a redundancy, but a dismissal.

Specialist Redundancy Solicitor

Crushell & Co have extensive experience in advising both employers and employees on all aspects of the redudancy process. 

Crushell & Co is a boutique law firm offering bespoke employment law advice. We advise employers and employees on all aspects of Irish employment law. We have extensive experience in advising clients on every aspects of the employment relationship, from recruitment to retirement, remuneration to redundancy and workplace disputes to dismissal. We have a track record of achieving successful outcomes for our clients, through both formal and informal mechanisms. 


Speak to one of our Dublin based specialist employment solicitors to determine how we can best assist you with your employment law matter.


For further information, please complete the form below or contact our offices to schedule a consultation.

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Specialist
Redundancy Solicitor

By focusing on law in the workplace, Crushell & Co bring deep knowledge and expertise in servicing both employer and employee client requirements in addressing redundancy under Irish law. 

Cost Effective
Redundancy Solicitor

Crushell & Co offer exceptionally competitive rates, ensuring our expert legal advice on redundancy under Irish employment law is accessible to all.

Client Focused
Redundancy Solicitor

Crushell & Co are relentlessly client focused, ensuring the best possible outcome to your redundancy query or claim. 

Experienced
Redundancy Solicitor

By advising both employers and employees, Crushell & Co brings a wholistic perspective to redundancy issues.