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Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Republic of Ireland Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I have to close the business due to refurbishment, can I lay

Customer Question

I have to close the business due to refurbishment, can I lay employees off during the time of refurbishment?
Submitted: 3 years ago.
Category: Republic of Ireland Law
Expert:  ben.jones replied 3 years ago.

Ben Jones : Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Are you based in ROI?
JACUSTOMER-4b3u0kha- :

yes I am based in ROI

Ben Jones : Ok you posted your query in our UK law section, I will have to move it
JACUSTOMER-4b3u0kha- :

Please can you give me an answer to my query this am as I have to make a decision today..

Expert:  Nicola-mod replied 3 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 3 years ago.


Can you please send me questions on what you need to know. Thank you

Expert:  Nicola-mod replied 3 years ago.
Hello,

We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Customer: replied 3 years ago.


Thank you

Expert:  Nicola-mod replied 3 years ago.
Hello,

No need to reply further at this time. We will continue to look for a Professional to assist you.

Thank you for your patience,
Nicola
Expert:  Buachaill replied 3 years ago.
1. You can put a worker on short time or temporary lay-off for up to 3 months without the statutory right to redundancy occurring. Accordingly, if you close for refurbishment, you can do so for up to three months without paying your employees, provided at the end of the 3 month period you then re-employ the same workers. If your refurbishments take longer than 3 months, then I regret to say that you will have to pay them after the 3 months have elapsed as otherwise a redundancy situation will have occurred and under the Redundancy Payments acts a right to redundancy will have occurred. So the answer is that you can have a temporary lay off for up to 3 months after which you will have to either make the workers redundant or else continue to employ them.
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Customer: replied 3 years ago.

Could you please let me know if I could close down our limited company by guarantee and could we open up a new charity company in a new name and how long would this take.

Expert:  Buachaill replied 3 years ago.
2. If you want to close down your limited company by guarantee, then you will have to pay all staff redundancy money. Secondly, you cannot have a business acting as a charity, unless you are going to give away all the profits to unconnected people. Whilst you could accomplish this manoeuvere in 30 days, it seems illogical to do things in this fashion, unless you want to give away any money made by the business.

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