laid off or redundant?? i dunno

jimbo4468_2

got told on 9/1/2009 that we were going to be laid off for 3 weeks due to no work..
12/1/2009 laid off.
15/1/2009 told no work now till march at the earliest..
so from that i will have been out of work for 11 weeks up to march possible longer.
am i entitled to ask for redundancy?
am i due payment in leiu of notice?
holiday pay?
i have worked for company for 5 years.
must get summat coz got nowt at mo.

Mudd14

Lay off periods cannot last for more than 4 consequetive (sp) weeks or 6 in a total of 13 weeks. If they do then the position is made redundant.

So yes basically. You will be entitled to redundancy pay due to being there more than 2 years, the link below can be used to work out how much your entitled to;

http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

Lay off period can be used as your notice period so its unlikely any payment is due there. Unless your notice period is more than 4 weeks?

Holiday pay, again yes you will be entitled to all accrued holiday pay.

Gresty_Roader

Jimbo - does your employer have the right to Lay Offs written down in your Contract of Employment?

If not, they can't enforce it. You will have a 100% case for Unfair Dismissal at tribunal unless they can produce something in writing (that you have signed) allowing them to go through this procedure.

Also, it's not the length of the lay-off that entitles you to a redundancy payment, it's the amount you are paid. As Jimbo is not getting any work at all he will be entitled to claim redundancy.

However, whilst on a period of Lay Off or Short Time Working, employees are only entitled to claim a redundancy payment if they receive LESS THAN HALF A WEEKS PAY for 4 consecutive weeks, or 6 weeks in a 13 week period.

The period of Lay Off can actually last indefinitely, so as long as an employer keeps paying you just over half a weeks pay you would not be entitled to claim redundancy.

alwaysonthego_2

Gresty_Roader wrote: »

Jimbo - does your employer have the right to Lay Offs written down in your Contract of Employment?

If not, they can't enforce it. You will have a 100% case for Unfair Dismissal at tribunal unless they can produce something in writing (that you have signed) allowing them to go through this procedure.
.

http://www.acas.org.uk/index.aspx?articleid=1639

Your employer might also have an implied right if they can show by clear evidence that this right has been established over a long period by custom or practice.