WRC finds David Russell entitled to redundancy payment

The Workplace Relations Commission found David Russell entitled to a statutory redundancy payment after his care employer's contract transferred to a new contractor. The decision was dated 11 August 2023. Russell said he had to reapply for work with the incoming contractor and that his terms differed from his former terms, with no recognition of his previous service. The employer argued that the change was a TUPE transfer rather than a redundancy. The officer found that the employer's efforts to ensure the new contractor observed Russell's employment contract did not go far enough. As Russell was not re-engaged on the same terms and conditions, the officer found he had been dismissed by way of redundancy. The payment basis listed a weekly gross wage of €800 and is conditional on insurable employment during the relevant period.