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Thursday, 8 January 2009

Employment

Employment

Temporary lay-off: applying for redundancy

Even if your employer is allowed to lay you off or put you on short-time, if it lasts long enough, you may be able to claim redundancy pay.

The process for claiming redundancy

You can only use this procedure if your wage depends on you being given work by your employer (for example, you're a piece-rate worker). In this case, 'laid off' means laid off for a whole week without pay and short-time means earning less than half of your weekly wage

You can use the procedure if you're laid off or on short-time for four or more weeks in a row, or for a total of six or more weeks within a 13-week period. The timetable to be followed is strict and it is a good idea to seek advice if you are unsure what to do next.

Your written notice

The first step in the procedure is you must give your employer written notice that you intend to claim redundancy. You must give it to them within four weeks of the end of the lay off period for which you're claiming.

Your employer's response

Your employer then has seven days in which to either accept your claim or give you a written ‘counter-notice’, if they don’t give you counter notice they are assumed to have accepted the claim.

The counter notice is to tell you that your employer resists any liability to pay a redundancy payment because work will be available in the near future – this means that within four weeks work lasting 13 weeks will be available. If your employer gives you counter notice you won’t get redundancy pay unless an Employment Tribunal (Industrial Tribunal in Northern Ireland) decides in your favour. You can stay on and apply to the tribunal for a decision.

Your employer can decide to withdraw their counter notice by telling you in writing.

Resignation

In order to be able to get redundancy pay you must resign by giving notice. You can do this once any of the following have happened:

  • seven days have passed since you gave your written notice to your employer and your employer has not given counter notice
  • your employer has given counter notice and a tribunal has ruled in your favour
  • your employer has given counter notice but then withdrawn it

You must resign within three weeks of one of these occurring. If your employer refuses to pay any redundancy pay you are entitled to, you can make a complaint to the Employment Tribunal.

If you are unsure of how this process works, you should get advice.

Where to get help

The Advisory, Conciliation and Arbitration Service (Acas) offers free, confidential and impartial advice on all employment rights issues. You can call the Acas helpline on 08457 47 47 47 from 8.00 am to 6.00 pm Monday to Friday.

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.

Your local Citizens Advice Bureau (CAB) can provide free and impartial advice. You can find your local CAB office in the phone book or online.

You can get legal advice from a solicitor or advice agency.

If you are a member of a trade union, you can get help, advice and support from them.

Temporary lay off: find out more

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