The issue of the work performance of an employee has no role whatsoever in determining redundancy. Even casual conversations with an employee who is under notice that their position may become redundant is something which employers need to be very careful about. If after any meeting with an employee about redundancy any issue is raised by the employee about their performance by way of email or otherwise it is vitally important that the employer, if they have not raised the issue of performance immediately challenges same. A prime example of this is case ADJ-12472 where the AO accepted that performance was an element in deciding that the employee was to be made redundant and therefore held that this was an Unfair Dismissal and awarded €15,000.
Employers who at any stage refer to performance when redundancy is being considered run the risk of an Unfair Dismissal Claim against them being successful.
*Before acting or refraining from acting on anything in this guide, legal advice should be sought from a solicitor.
**In contentious cases, a solicitor may not charge fees or expenses as a portion or percentage of any award of settlement.