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Substantial settlement for client subjected to ‘sham redundancy’


Posted in News on Thursday, November 4th, 2021

Brigid O’Donnell of the Litigation Team recently negotiated a substantial settlement to recover all loss of earnings incurred by a client who was subjected to a sham redundancy last year.   Our client contacted us, distraught, when his employer advised him that his role had been made redundant.   Brigid consulted with him at length and noted that prior to endeavouring to execute the proposed redundancy, our client’s employer had wrongly accused him of alleged performance issues.   This was a cause of major upset for our client who, at the time had asked his employer to provide details of his alleged poor performance.  His employer was unable to do so but expressed an intention to monitor his performance, without providing any specifics as to what precisely was to be monitored. Our client was so stressed by these events that he was certified as unfit for work by his doctor. On his return to work, he was advised that rather than progressing to implement a performance improvement plan, his employer now intended to consult with him regarding redundancy. Simultaneously, his role was advertised on various recruitment sites. He was advised that he would be offered a small ex gratia payment, together with statutory entitlements. He was advised that if he refused to accept the offer and rather to engage with the consultation process, his role would be made redundant and he would not receive any ex gratia payment. Understandably, when he contacted Brigid he was very distressed. He was concerned regarding employment prospects given that we were in the midst of Covid lockdowns at the time. He rejected the offer  on Brigid’s advices and his employer purported to make him redundant. A complaint alleging unfair dismissal was lodged with the Workplace Relations Commission. Ultimately, he secured more lucrative employment. However, Brigid negotiated a settlement to recover the entirety of the losses he had had incurred up to the date of his new contract, together with all legal costs incurred. The case settled prior to adjudication before the Workplace Relations Commission.

Contact us at Cantillons Solicitors at +353 (0)21 4275673 or info@cantillons.com if you would like more information.

Cantillons Solicitors are personal injuries Solicitors in Cork who deal with personal injuries claims arising from accidents at work, car accident claims (including whiplash injuries) and injuries arising from falls in public places.

* In contentious business, a Solicitor may not calculate fees or other charges as a percentage or proportion of any award or settlement.  Many Personal Injury Solicitors portray themselves as “no win no fee Solicitors Cork”. This term can be misleading and it is essential that you discuss fees with the Personal Injury Solicitor you ultimately choose. At Cantillons Solicitors, we are entirely transparent.

Related Experts

Ernest J. Cantillon

Managing Partner

Brigid O’Donnell

Associate

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