Question about been laid off or not !!

lauren1983

Well im hear on behalf of my brother. Wonder if anyone has any advice.
He is a painter and decorator working on new builds and as some might expect at the minute they have not had much work for a month or two now.

He is a few weeks from the end of his college course then he will be qualified. He had signed a contract to say he would not leave within two years of finishing the course as they had paid for it ect.

He hasnt been working at all for a few weeks now though he kept getting call saying there would be some work coming up.

So today he got a call saying that although they would like him to stay with the company they dont expect work and they understand if he wants to leave and find another job. So as soon as hes finished his course they have advised him to look else where for a job without having to stick to the contract he signed regarding the course. Though in the mean time he hasnt got any money coming in.

My question is:
Is he been laid off of not? Should he get some redundancy pay?
Is this just a way for the company to give him a chance to leave without laying him off?

I realy feel for people in this position especially those with families ect.
Im looking to buy a house at the minute so am chuffed with prices falling but on the other hand seeing my brother with no job due to no houses selling is terrible!

LittleVoice

How long has he actually been employed by the company?

lauren1983

Ooops sorry forgot to add that !

Hes been with them for 2 and a half years.

LittleVoice

Well, statutory redundancy pay kicks in after 2 years employment. If you go here - http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page33683.html - you can click through to a ready-reckoner to work out entitlement.

You also need to look at his contract of employment to see whether he should be paid if there isn't any work. Does he basically have a zero hours contract and then get called in for specific jobs?

I would look at what he might get as a redundancy payment (and it probably won't be all that much). Then, if another job with another employer does come along, he can weigh up whether it is worth making a fuss about redundancy pay.