the amount of service and redundancy

alwaysonthego_2

Hi guys,

My husband was laid off three years ago and had to sign on JSA so we could have some money coming in. I had just given birth to dd2 so wasn't working. Fast forward to now, my husband and the rest of his collegues have been told that 3 members of staff have to be made redundant. My dh said that the boss had said those workers that were laid off three years ago will only be entitled to 3 years redundancy, even though they have been there for more years, because they recieved their P45 so they could claim benefits. Could someone clarify whether this is correct, the boss is known to try and wriggle out of paying out money. Thanks x

LittleVoice

Being "laid off" 3 years ago presumably meant thier jobs were redundant. Is that so?

If they were and then subsequently re-employed then the clock on theirr term of service would indeed have started running from the re-employment time and would not be linked to the previous period. If it were linked it would have said so in the written particulars he should have received from the employer when taken back on.

alwaysonthego_2

he did not recieve a written contract.

The boss said to dh as soon as he got more work in then he would get his job back. He never recieved any redundancy pay and he had completed 2.5yrs service. He got the choice to be either be laid off and wait for his job or take the money and run.

LittleVoice

How long was the gap - the period in which JSA was claimed?

alwaysonthego_2

LittleVoice wrote: »

How long was the gap - the period in which JSA was claimed?

between 8-12 weeks was the time he had off, I can't remember exactly but I have all the paperwork stored away.

LittleVoice

I believe that 3 years ago, as the lay off was for more than 4 weeks, your husband could have asked for redundancy. As he did not and returned to the same employer, I think, as you feel, that the period of employment should be continuous - but I'm not sure.

If no one else is able to help this evening then I suggest you contact ACAS on Tuesday.

alwaysonthego_2

thanks littlevoice

alwaysonthego_2

Just spoke to ACAS and they said that being laid off is still counted as being employed by the company, so this should be viewed as being part of continous employment.