Lay Off Regulations

[hollys dad]

Hi to all,

 

This is my first post on the forum, and i'd like some advice please.

 

I have recently been laid of from work (due to a shortage of work) and have good reason to believe that there is work for me in my factory, but it is currently being done by a manager & foreman rather than me. Please could someone tell me if this is legal, or are my employers breaking the law in some way?

 

Many thanks.

[elpulpo]

Do you have a written contract of employment?

Does it have a provision within it for you being laid off?

[hollys dad]

Do you have a written contract of employment?

Does it have a provision within it for you being laid off?

 

Yes to both questions, unfortunately i don't have it to hand.

[elpulpo]

If there's provision in your contract for them to lay you off, they can do it.

Find out what it says.

[hollys dad]

If there's provision in your contract for them to lay you off, they can do it.

Find out what it says.

 

OK, thanks. I'll get back to you once I have it.

[Bigredbus]

Hi,

 

Two questions:

 

a) As a direct result of this 'lay-off', has there been an impact on your wages?

 

b) Could you expand on your beliefs regarding the existence of work and it being done by a manager and foreman?

[hollys dad]

Hi,

 

Two questions:

 

a) As a direct result of this 'lay-off', has there been an impact on your wages?

 

b) Could you expand on your beliefs regarding the existence of work and it being done by a manager and foreman?

 

a) Yes, very much so. I recieved 'lay off' pay of 20 pounds per day, for the first five days, then nothing (i'm currently onto my eighth day layed off).

 

b) A friend of mine delivers materials, which i normally work with, to my place of work, He has delivered three times since my lay off..

 

Thanks.

[Bigredbus]

a) Check if there is any provision in your Statement of Particulars of Employment about lay-offs and how they are administered.

 

b) If there is no provision as per lay-offs, and you can demonstrate that your work is being done by other employees, then you can raise a grievance stating the fact...

 

There are certain special circumstances where the failure to provide work may result in the breach of a legal duty if the duty to provide work leads to a reduction in the employee's potential earnings... thus you are entitled to be given an opportunity to earn your 'wage'...

 

Have any of your other colleagues been laid-off?

Edited February 24, 2010 by Bigredbus
Addendum

[hollys dad]

a) Check if there is any provision in your Statement of Particulars of Employment about lay-offs and how they are administered.

 

b) If there is no provision as per lay-offs, and you can demonstrate that your work is being done by other employees, then you can raise a grievance stating the fact...

 

There is certain special circumstances where the failure to provide work may result in the breach of a legal duty if the duty to provide work leads to a reduction in the employee's potential earnings... thus you are entitled to be given an opportunity to earn your 'wage'...

 

Many thanks for your help.

[Bigredbus]

Have any of your other colleagues been layed-off?

[hollys dad]

Have any of your other colleagues been layed-off?

 

Hi, Yes.

 

All departments are currently laid off, it's my job to supply these other areas with work (once 'my bit' is done), but like i've said, it appears 'my bit' is being done by others, ie manager/foreman.

 

Thanks.

[scousegeezer]

Hollysdad,

I quote from Selwyns law of Employment.

 

If the lay-off or short-timr has lasted more than four consecutive weeks,or more than 6 weeks in any period of 13 weeks; then the employee may give written notice ( not more than four weeks after the lay-off or short-time has finished) that he/she intends to claima redundancy payment. He/she must then give the requisite notice to terminate his/her contract, and will be entitles to be considered redundant. The employer may agree to meet the claim, or refuse to do so and may serve a counter notice within 7 days; on the grounds that he reasonably expects to be able to provide at least 13 weeks continuous employment, without further resort to lay-offs or short-time working. If the claim or counter notice are not withdrawn, the matter will be determined by an employment tribunal, which will consider whether or not there was a reasonable prospect of full employment for 13 weeks. If the counter notice is withfrawn by the employer, or the 13 weeks continuous employment fails to materialise, the employee is entitled to be paid reduundancy money. - End of quote.

 

PLEASE do not forget that whilst on short-time working or lay-off , you can claim jobseekers allowance. Ring them today, 08000 55 66 88. It will however depend on whther your partner (if u have 1) is working full-time or not. You need to claim income based JSA.

 

Cheers - Scousegeezer.

[Bigredbus]

Hi,

 

Did you find any provision or policy in your SoP of Employment, or 'Staff Handbook' covering 'lay-offs'?

[hollys dad]

Hi,

 

Did you find any provision or policy in your SoP of Employment, or 'Staff Handbook' covering 'lay-offs'?

 

No, sorry, i'm unable to find the book at present - however, there is a copy at work (which i cant get my hands on until my return)

 

Thanks.

[hollys dad]

Hollysdad,

I quote from Selwyns law of Employment.

 

If the lay-off or short-timr has lasted more than four consecutive weeks,or more than 6 weeks in any period of 13 weeks; then the employee may give written notice ( not more than four weeks after the lay-off or short-time has finished) that he/she intends to claima redundancy payment. He/she must then give the requisite notice to terminate his/her contract, and will be entitles to be considered redundant. The employer may agree to meet the claim, or refuse to do so and may serve a counter notice within 7 days; on the grounds that he reasonably expects to be able to provide at least 13 weeks continuous employment, without further resort to lay-offs or short-time working. If the claim or counter notice are not withdrawn, the matter will be determined by an employment tribunal, which will consider whether or not there was a reasonable prospect of full employment for 13 weeks. If the counter notice is withfrawn by the employer, or the 13 weeks continuous employment fails to materialise, the employee is entitled to be paid reduundancy money. - End of quote.

 

PLEASE do not forget that whilst on short-time working or lay-off , you can claim jobseekers allowance. Ring them today, 08000 55 66 88. It will however depend on whther your partner (if u have 1) is working full-time or not. You need to claim income based JSA.

 

Cheers - Scousegeezer.

 

Many thanks, Scousegeezer... I was hoping not to need to claim anything - but that's looking like a real possibility now..

 

Cheers!

[scousegeezer]

Hollysdad,

My pleasure - no probs.

 

Cheers - Scousegeezer