Part Time Workers Redundancy Rights Ireland

Part-time employees have the same fundamental redundancy rights as full-time staff in Ireland. Statutory redundancy payments, notice periods, and selection protections all apply — calculated on a pro-rata basis reflecting actual hours worked.

Statutory Redundancy Entitlement for Part-Time Workers

Part-time employees qualify for statutory redundancy if they have at least 104 weeks' continuous service (same threshold as full-time employees). The formula is identical:

(Weekly gross pay × Years of service) × 2

The key difference is weekly gross pay is based on your actual part-time hours, not a notional full-time equivalent. If you work 20 hours at €15/hour, your weekly gross pay is €300, not the €600 a full-timer would earn.

Example: 10 years' service, 20 hours/week at €15/hour = €300 weekly gross pay. Statutory redundancy = (€300 × 10) × 2 = €6,000.

💡 €600 Weekly Pay Cap Still Applies

The statutory redundancy cap of €600 per week applies even if your actual pro-rata earnings exceed this (e.g., part-time work at a very high hourly rate). Payments are capped at (€600 × years × 2).

Notice Period Entitlements

Minimum statutory notice periods apply to part-time workers on the same basis as full-time employees under the Minimum Notice and Terms of Employment Acts:

13 weeks to 2 years' service: 1 week's notice
2 to 5 years' service: 2 weeks' notice
5 to 10 years' service: 4 weeks' notice
10 to 15 years' service: 6 weeks' notice
15+ years' service: 8 weeks' notice

"One week's notice" for a part-time employee means one week of their normal part-time hours, not a full-time week. If you work 15 hours per week, one week's notice is 15 hours of paid work or equivalent pay in lieu.

Protection Against Discrimination in Selection

Employers cannot select part-time workers for redundancy simply because they work fewer hours. The Protection of Employees (Part-Time Work) Act 2001 prohibits less favourable treatment of part-time employees compared to full-time comparators.

If your employer applies a selection matrix that directly or indirectly disadvantages part-time workers (e.g., rewarding "full availability" without objective justification), this may constitute discrimination. Selection must be based on objective, non-discriminatory criteria applied equally to all employees.

Example of unlawful selection: "Full-time employees will be retained; part-time employees will be made redundant first" without any business justification. This is direct discrimination under the Part-Time Work Act.

⚠️ "Last In, First Out" May Disadvantage Part-Timers

If an employer uses "last in, first out" (LIFO) and most part-time workers were hired recently, this could constitute indirect discrimination. Employers must justify LIFO with objective business reasons if it disproportionately affects part-time staff.

Consultation Rights for Part-Time Employees

Part-time workers are entitled to the same consultation process as full-time employees. Employers must:

Inform you individually of the proposed redundancy
Explain the reasons for redundancy and selection criteria
Discuss alternatives, including suitable available vacancies
Allow reasonable time for consultation before finalising the decision

If your employer holds consultation meetings during hours you don't normally work, you are entitled to attend and be paid for the time. Employers cannot schedule consultations to exclude part-time staff.

Alternative Employment and Suitable Vacancies

If the employer has any suitable alternative vacancies, they must offer them to part-time workers on the same basis as full-time employees. A vacancy is "suitable" if it:

Matches your skills, qualifications, and experience
Offers comparable terms (pay, location, hours) allowing for flexibility
Does not require unreasonable retraining or travel

An employer cannot refuse to offer a full-time vacancy to a part-time worker simply because "it's a full-time role." If the employee wants the full-time position and meets the requirements, refusal may be discriminatory.

✅ Ex-Gratia Payments for Part-Timers

If your employer offers enhanced redundancy packages (e.g., 4 weeks per year of service), these should be calculated on a pro-rata basis for part-time workers. Paying full-timers 4 weeks while part-timers receive only statutory amounts may be discriminatory.

Challenging Unfair Selection or Discrimination

If you believe your redundancy was discriminatory or unfairly targeted part-time workers, you can file a complaint with the Workplace Relations Commission (WRC) within 6 months of termination. Claims can be pursued under:

Unfair Dismissals Acts: if selection was procedurally unfair or redundancy was a sham
Part-Time Work Act 2001: if less favourable treatment was applied due to part-time status
Employment Equality Acts: if discrimination was linked to gender, age, or other protected grounds

Successful claims can result in reinstatement, re-engagement, or financial compensation up to two years' remuneration. WRC adjudicators take part-time discrimination seriously and frequently award compensation where employers fail to justify differential treatment.

Get Expert Advice on Part-Time Redundancy Rights

Part-time workers face unique challenges in redundancy situations, including pro-rata calculations, discrimination risks, and selection matrix disputes. Richard O'Shea Solicitor at Mary Molloy Solicitors provides specialist advice on:

Verifying correct statutory redundancy calculations for part-time hours
Challenging discriminatory selection against part-time workers
Ensuring pro-rata ex-gratia packages match full-time equivalents
Pursuing WRC claims for less favourable treatment
Negotiating suitable alternative employment offers

Contact Mary Molloy Solicitors at 01 5827148 or richardoshea@marymolloysolicitors.com. Offices in Dublin 7 (Ormond Quay) and Kilkenny (Rose Inn Street).

Part-Time Worker Facing Redundancy?

Get expert legal advice from Richard O'Shea Solicitor at Mary Molloy Solicitors on your redundancy rights and entitlements.

Call 01 5827148 for Expert Advice