Still employed but no work, advice on claiming redundancy please!!.

BunnyBH

I was told in January that my company doesn't have any work for me and to await the call to return to work. I have heard absolutely nothing for more than 2 months, not even so much as a reassurance call.

I looked into it and was wondering if anyone knows for sure that if I have been "laid off" for more than 4 weeks, I can claim for redundancy? Does anyone have any experience or advice for this?

I've worked there for over 6 years and just feel that they're taking the mick a bit now by not even contacting me. Any advice whatsoever would be massively appreciated.

Jarndyce

Yes you can claim redundancy after four weeks laid off. Procedure is set out here:

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10037790

getmore4less

did the contract allow for them to stop giving you work/paying you?


if they agree to the redundancy they need to pay 6 weeks notice as well as the redundancy

BunnyBH

To be honest, I never signed a contract, this is another issue I can foresee. I would bet my house that my company will not accept the redundancy but I can't just sit here waiting for a phone call, I need to take some action.

McKneff

Have you looked on the ACAS site, google it. Look under 'lay offs'

As for pay, you should be paid 6 weeks notice, 1 week for every year you have worked there and 6 weeks redundancy pay again 1 week for every year (if you are over 41 it is 1.5 weeks per full year)

Have they paid you anything while you have been off, i think they should pay you something every so often.

BunnyBH

I've been recieving £28.80 per week which is marked on my payslip as income tax.

getmore4less

There is a contract signing is not relevent.

you are likely to need help with an Empyment tribunal if they don't cooperate.

Have you hours been consistant over the last 6 years

What was in the job offer any mention of hours?

Any company docs on Terms and conditions.



You might be able to add a claim for back pay(ilegal deduction of wages), problem is you have accepted the change to zero hours for 2 month should have raised the issue earlier.

BunnyBH

It's only a small company so there is no real documentation of any kind. 3 years ago, a similar thing happened but it only lasted 10 days, other than that I've been working non stop.

getmore4less

The right to lay-off is not automatic so you may have a claim BUT you have accepted it for 2 months.( why did you just accept they can stop paying you?)

I would look for advise on the above, check your house insurance for legal cover, ACAS/CAB are another option.

There is the issue of guarantee pay they don't seem to have been paying that.
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_177591


If persuing the lay-off is a no go then you are back to requesting redundancy.
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10037790

read the process carefully,

the problem here is you may have left it too late(you have gone past 8 weeks)
Your written notice

The first step is to give your employer written notice that you intend to claim redundancy. You must give it to them within four weeks of the end of either:

• four or more whole weeks of lay-off or short-time work in a row
• a total of six or more whole weeks layoff or short-time work within a 13 week period

might be worth a try but if they know their stuff or take advise they may be able to ignore the request.