Gay Mitchell (Dublin South Central, Fine Gael)
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Question 176: To ask the Minister for Enterprise, Trade and Employment if a person (details supplied) can apply for voluntary redundancy; and if she will make a statement on the matter. [21560/05]

Tony Killeen (Clare, Fianna Fail)
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The position is that illness alone is not a valid reason for redundancy. However, if a redundancy situation exists in a company, the person concerned could seek a statutory redundancy lump sum from the employer. In this case, the company is being taken over. Employees bring with them accumulated employment rights including service for the purpose of calculating statutory redundancy. The new employer must have due regard to these accumulated employment rights.

If the new employer does not wish to take over all of the employees, then the old employer would be obliged to pay statutory redundancy to those that were not being taken over. If that situation occurs then the person concerned could seek redundancy from his employer. If the employer refuses to pay him, then it would be open to him to bring an appeal against his employer before the Employment Appeals Tribunal for a decision in the matter.