Before making you redundant, your employer must consult with you about the proposed redundancy. This isn't just a courtesy - it's a legal requirement flowing from principles of natural justice and fair procedures. Proper consultation means genuinely discussing the redundancy situation, exploring alternatives, and considering your input before final decisions are made.
Richard O'Shea Solicitor helps employees whose redundancy consultation was inadequate or non-existent. If your employer made decisions before consulting you, rushed through consultation, or ignored your suggestions, you may have grounds to challenge the redundancy at the Workplace Relations Commission.
The Redundancy Process Step by Step
A fair redundancy in Ireland follows a recognisable sequence. If your employer is skipping steps or compressing the timeline, that in itself can be evidence the process is flawed:
- Genuine redundancy situation arises — the role (not the person) must be ceasing or diminishing: closure, restructuring, reduced requirements, or reorganisation.
- At-risk notification — you are told your role is at risk and why. In collective situations, employee representatives and the Minister must be notified, triggering the 30-day consultation period.
- Consultation — a genuine, two-way process covering alternatives to redundancy, the selection method, and your representations. Consultation after the decision has effectively been made is not consultation.
- Selection — where some roles remain, objective and fairly applied criteria decide who stays. See our guide to unfair selection and matrix scoring.
- Alternatives considered — suitable alternative employment must be offered where it exists; unreasonably refusing it can affect your entitlement.
- Notice — written notice per your contract or the statutory minimum (1–8 weeks by service), whichever is greater. See notice periods.
- Payment — your statutory lump sum (work it out with the redundancy calculator) plus any ex-gratia terms, usually documented in a settlement agreement you should have reviewed before signing.
- Post-termination — unpaid entitlements can be pursued at the WRC; strict time limits apply (generally 6 months, extendable to 12 for reasonable cause).
What Is Meaningful Consultation?
The Workplace Relations Commission has consistently held that consultation must be meaningful - not just a box-ticking exercise after decisions have already been made. Meaningful consultation requires:
- Consultation "in good time": Before final decisions are made, not after
- Full information: Reasons for redundancy, numbers affected, selection criteria
- Genuine engagement: Listening to and considering your views and suggestions
- Discussion of alternatives: Exploring ways to avoid redundancy or reduce impact
- Reasonable timeframe: Adequate time to absorb information and respond
- Two-way dialogue: Not just employer announcing decisions
Individual vs Collective Consultation
Individual redundancy consultation applies to single redundancies or where collective redundancy thresholds aren't met. For collective redundancies, additional consultation obligations apply under the Protection of Employment Acts.
What Should Be Discussed
Business Reasons
Why redundancy is necessary, the financial or operational drivers, and what alternatives were considered.
Selection Criteria
How you were selected if multiple employees do similar work. See unfair selection.
Alternative Employment
Whether any alternative roles exist within the organization.
Redundancy Package
Your statutory entitlement, notice period, and any enhanced package offered.
Warning Signs of Inadequate Consultation
🚩 Decision Already Made
Your manager says redundancy is "final" or "already decided" during first consultation meeting.
🚩 Insufficient Time
Consultation meeting happens today, redundancy notice issued tomorrow - no time to consider or respond.
🚩 Ignoring Your Input
You suggest alternatives or raise concerns, employer doesn't respond or dismisses them without consideration.
Consultation Concerns?
Get expert advice from Richard O'Shea Solicitor if your redundancy consultation was inadequate.
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