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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 65042
Experience:  Qualified Employment Solicitor
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How do you apply for redundancy when your employer says they

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How do you apply for redundancy when your employer says they will not be applying for the 80% government pay out.
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: None
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: employees
JA: Anything else you want the Lawyer to know before I connect you?
Customer: can you claim sick pay in the mean time

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.

How long have you worked there for? Please note I am mobile today so may not be able to reply until later today thanks

Customer: replied 15 days ago.
Six years
Customer: replied 15 days ago.
This request is for my daughter not for me.
Customer: replied 15 days ago.
When can you call

Thank you. So what has happened so far – has she been laid off work with no pay for the time being?

Customer: replied 15 days ago.
Yes

Thank you. As an alternative to dismissal, an employer may wish to deal with an unexpected downturn in business by laying off employees (asking them not to come into work) or putting them on short-time working (reducing their working hours/days). The legal definitions of these two options are:

{C}· Lay off - if an employee has been told to go home for at least one full working day.

{C}· Short-time working - if an employee's pay for the week is less than half a normal week's pay.

 

It is only possible to lay off employees or put them on short-time working when an express or implied contractual right to do so exists. If such a right does not exist the employer will be acting in breach of contract and that could allow the employee to resign and claim constructive dismissal or pursue the employer for unpaid wages.

 

If there is a clause allowing the employer to do this, or the employee agrees to it, for example in order to avoid redundancy, certain rights will apply after a set period of time. If someone has been laid off or placed on short-time working for 4 consecutive weeks, or a total of 6 weeks within a 13-week reference period, they would be able to ask the employer to make them redundant. There is a strict procedure that needs to be followed and more details can be found here:

 

https://www.gov.uk/lay-offs-short-timeworking/applying-for-redundancy-

 

The steps outlined in the procedure must be followed correctly for the employee to be able to rely on this protection. If the criteria are satisfied and they have more than 2 years’ service, they can avoid being left laid off or on short working hours and leave the employer getting redundancy in the process, allowing them to move on whilst getting some compensation for being placed in this position.

 

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