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, maternity, adoptive, paternity, parental, parent's and carer's leave, career breaks agreed with the employer, and lock-outs. Only absences in the 3 years before employment ends can be deducted, and then only for specific periods: more than 52 consecutive weeks off after an injury at work, more than 26 consecutive weeks off through illness, any period on strike, and any period of lay-off (Citizens Information). 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 written notice of intention to claim redundancy, using form RP9. The employer then has 7 days to accept or serve counter-notice, which defeats the claim only if it guarantees work starting within 4 weeks and lasting at least 13 weeks without lay-off (Citizens Information: lay-off, short-time working and redundancy). Claiming redundancy this way counts as leaving voluntarily, so you lose the right to notice; take advice if the 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 through the Department of Social Protection, with the employer's debt transferring to the state. Where the employer simply refuses to pay, or there is a dispute, the claim goes to the Workplace Relations Commission and must be brought within one year of the dismissal (Citizens Information).

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.