Jump to content


Have I been Laid off or short time working ? Help


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 5323 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi I am new here and need advice

 

I have been working with my present company for over 4 years. I am employed as a panel beater.

 

On 1st July all employees ( 9 in total) received a letter regarding a downturn in work and redundancies might have implemented. Since then 3 guys have been paid off. Now I am employed PAYE for the last 4 years and have always worked 40hrs per week. I have never received a contract in the time I have been there . On Friday 7th of August we were told that there was no work for the following week and we would be phoned if necessary. Since then I have had 2 days one week and 3 days the next week and have received no pay for the days off.

 

When I was in one day last week I found out that the other guys had a contract which allowed them to be laid off without pay. My employer came to me with a contract last Thursday which had my start day on it of 4 years ago , asked me to sign it and return. I have not signed it yet

 

On Friday there we were told there was nothing for Monday but will phone in due course. Some guys are working Monday

 

What should I do ? Have I been laid off ? Is this short time working ?

 

I have never had a warning or anything like that , I feel if I don't sign this though my employer will just get rid of me for being awkward

 

 

 

Thanks in advance

Link to post
Share on other sites

The employer should have provided a statement of terms after you had been in the job for 2 months. Your employer appears to reserve a right to lay off without pay in the contracts of other employees (as evidenced by their statements of terms)

 

The employer will have a right to lay you off without pay if it was an express term of your contract that he could do so. However an express term can be written or verbal.

 

Courts have held that there is no right to lay off without pay at common law. It is also difficult to see how the term could be implied unless you work in an industry where this is a very well known practice.

 

You can rely on the absence of a contractual term by asking him to pay you the money due. You can bring a claim for unlawful deductions from wages in the Employment Tribunal if he does not pay. The time limit for claiming is within 3 months of the date when the pay was "properly payable" to you. If your employment is later terminated you could also bring a contractual claim for pay due for periods of unagreed layoff within 3 months of termination of employment.

 

I think you should put down a marker with your employer by writing to indicate that you do not accept that he has the right to lay you off without pay and ask him to pay you for them.

 

If you were dismissed or selected for redundancy because you were the awkward squad member of staff who sought to challenge the boss for making unlawful deductions from pay this would be an automatically unfair dismissal because you are being dismissed for seeking to enforce your statutory rights.

 

 

Note that you could elect to sign the statement of terms proposed... but stand on your rights for payment of your full wage in the periods of layoff which pre-date it.

 

 

In cases where an employer HAS a right to lay off without pay he is liable to pay you a guarantee payment for the first 5 days of layoff. Also ... if you keep on top of your rights and make a prompt claim you can claim Job Seekers Allowance for days of layoff. If you pay rent and your pay takes a hammering it is also worth claiming housing benefit/council tax benefit.. and if you have children and the layoffs affect your take home pay to look into getting tax credits reassessed.

 

Link to post
Share on other sites

Roseofedge is right about the legal aspect. But that way could be problematic.

 

Sean1978. You dont say how big the company is you work for.

 

Of course an employer can come to an arrangement with its employees via meaningful consultation with you especially in order to avoid redundancies (which as we all know the statutory payments are pathetic.) In a manufacturing job like panel beating, I assume you are in the vehicle building trade, lay offs for temporary periods are common place during this recession.

 

It may be in your better interest tocome to a temporary agreement with your employer instead of relying on the law which could take months to resolve things.

 

 

my personal view, but thats just me.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...