When a business does not have enough business for all its employees instead of making employees redundant an employer may ‘lay-off’ employees or put an employee on to short-time working; the employee will work shorter hours than usual and will get paid less than half a normal week’s pay. A ‘lay-off’ may not always be wording as such with the request of employees to take unpaid holiday being used; this is still a lay-off.
If an employer puts an employee on to short-time working or lays them off, what can be done will be dependent upon whether the employment contract allows a lay-off or short-time working.
For employees whose contract allows for lay-off or short-time working, it is possible to claim that they have in fact been made redundant if they have been on short-time working and/or laid-off for:
· Six whole weeks, in any thirteen week period, as long as no more than three weeks are consecutive
· Four or more consecutive weeks
Unfortunately for those employees whose contract does no allow for lay-off or short-time working it is not possible to claim redundancy, however it may be possible to claim constructive dismissal; the employee is feels they have no alternative than to leave the company due to the actions of the company.
It is advisable to seek advice with regard to claiming redundancy and constructive dismissal in these circumstances. There are special procedures which need to be followed to be eligible to claim redundancy including informing the employer of the redundancy claim.
Andrew is a Commercial & Employment Law solicitor in Leicester. Our Solicitors in Leicester are experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.
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