Redundancy eligibility in Ireland: the 104-week rule and who qualifies

The qualifying conditions

• At least 104 weeks (2 years) of continuous employment with the employer, aged 16 or over.
• The employment was fully insurable under the Social Welfare Acts (broadly, PRSI Class A employment).
• A genuine redundancy: the job itself ceases to exist through closure, reorganisation or reduced requirements, and the dismissal is not a sham replacement (Citizens Information).

What counts as reckonable service

The lump sum is calculated on reckonable service. Most absences count: holidays, illness up to set limits, maternity and other protective leave. Some periods are excluded from the calculation, notably time on strike and periods of lay-off, and service is measured to the date employment ends. Where part years remain, the excess days are counted proportionately rather than dropped.

Lay-off and short-time: claiming redundancy yourself

An employee kept on lay-off or short-time for 4 or more consecutive weeks (or 6 weeks in any 13) can serve notice of intention to claim redundancy. The employer can defeat the claim only by giving written counter-notice guaranteeing at least 13 weeks of normal work starting within 4 weeks. The mechanics are procedural and deadline-bound; check the current procedure on gov.ie before serving notice, and take advice if sums are large.

If the employer cannot pay

Where an employer is insolvent or genuinely unable to pay, the lump sum can be claimed from the state's Social Insurance Fund, with the employer's debt transferring to the state. Applications generally must be made within 52 weeks of the dismissal, extendable to 104 weeks for reasonable cause; verify current time limits on gov.ie before relying on them.

Eligibility rules summarised at this page's updated date from Citizens Information and gov.ie. This is general information, not legal advice on any individual redundancy.