Temp Lay off

bulmer66

I am new to this site and looking for advice. My husband started a job on 23rd Jan 09 he was "temporary" laid off on 23rd april and as of today still is. He has been told by the director of the company he can be laid off for upto 6 months but he was not issued with a contract stating this. He has been told by ACAS that he continues to accure his holidays during the lay off. Today he was informed by somebody he worked with that the company has lost even more contracts and remaining workforce as been put on short time. He was paid weekly and has recieved his "week in hand" wage as well as 5 days of gurantee payments. He has claimed JSA but due to a shortfall in NI contributions for the year 2006/2007 he is not entitled to the payment he is just getting NI paid. Due to my wage he cannot claim income support. My question is should he apply for redundancy I think he will only be entitled to the weeks notice and his accured holiday........pls somebdy help me its driving me insane

BlueIsTheColour

Due to his length of service he wont be able to claim redundancy as he hasn't been there 2 years, I guess he could hand his notice in and get his holidays paid up and use the time to secure any other work?

Guarantee payments kick in again after 13weeks, so if he gets to wk14 he should then get 5 more days....

Has he been looking for work since the lay off? Any prospects?

bulmer66

He has appiled for so many jobs its untrue and only had a thanks but no thanks from a handful, most just don't bother replying!

Where can I find out information on the "Guarantee payments kick in again after 13weeks, so if he gets to wk14 he should then get 5 more days...." as I didn't know this.

I know he is not going to get any redundancy but if his employer finished him on 23rd april he would have been paid his week in hand, a weeks notice and his holiday that had been accured. If he applies for redundancy rather than giving notice surely the employer has to still paid weeks notice and acured holiday?

neas

What profession is he in and where is this? Maybe someone can help?

bulmer66

He was in the glass manufacturing industry for 15 years that was going down pan so went to work as a warehouse/yardman was laid off last october, got job as labourer in Jan only to be laid off again in April!!!!!!!! We are in Leeds West Yorkshire

BlueIsTheColour

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_177591

He can't claim redundancy from his employer as he doesnt have the service, the right to put in your notice of intention to claim only kicks in after 2 years.

I agree had his employer just dismissed him in April, he would have received his notice and holiday etc, perhaps his employer knew this and has behaved in an unscrupulous way....

Has he spoken to his employer at all? He could raise a grievance about being laid off so long, does he know if other people are working, if they are, why isnt he? Even if its only a short time basis why isn't he?