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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64615
Experience:  Qualified Employment Solicitor
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I was wondering about the current temporary lay off system

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Hi, I was wondering about the current temporary lay off system due to corona virius. what happens if you lay employees off, for say 3 months anf then you still don't need them back after that period. Will the employer be liable for further redunancy costs?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i'm the employer
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Do you know how long the employees will have worked for the business and what sort of contracts do they have?

Customer: replied 8 days ago.
from 2 years to 30 years. We are able to reduce to a shorter week before making redundancy. We know the rules on reudnancy. But i don't know the rules on this new "80% pay" on temporary redundancy. The question still is. What liabilities would we have. The contract we have does not take into account the current situation.

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.


Many thanks for your patience. Firstly, there are still very limited details on the Government scheme so it is impossible to tell you exactly how it will apply. We don’t know the immediate effects, let alone what may happen after 2-3 months.


However, the usual position is that if someone is laid off, they remain being employed by you for that period. If you subsequently find out that things have not improved and you cannot take them back on then you will need to make them redundant and they would still be due their normal entitlements in that situation, such as notice pay, redundancy pay, etc.


Does this answer your query?

Customer: replied 7 days ago.
Hi Ben, yes thanks. I can appreciate its all up in the air and its still a bit unclear on when the 80% kicks in. People are thinking they can just self isolate and then are due the 80%. But its only for a retaining mechanism as I see it.

That is correct, self isolation would not be covered, that is quite clear from what has been released so far. Does this clarify things a bit more for you?

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