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Hi

 

A close friend has just been told by his employer that he is being laid off because they do not have enough business coming in.

 

he was told last friday and asked to leave the same day.

He was also told that he would be paid from the 1st to the 8th of June and nothing else.

 

His contract states nothing at all about being laid off.

Only termination which they would provide 1 week's notice.

 

My friend has only been in the job for just over 2 months as he was lured away with promises of development and payrises etc.

He was in his previous role for 4 years

. Is there something that can be done in this kind of situation?

 

With him being laid off, are they meant to provide a P45?

Im guessing this is a No since he is technically still employed by the company?

 

 

Thanks in advance

WS

Edited by dx100uk
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Not much he can do really.

Unfortunately he's been employed for less than 2 years and they're paying him contractual notice.

Can't see anything that can be done from his part except finding another job with a reputable company.

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Hi King12345

 

When you say contractual notice, there is nothing in contract about lay off and .

he was only given notice of a few hours.

Is that all that that an employer is required to give these days?

 

He is getting paid from 1st to 8th because he has actually worked those days.

He arrived to work on the 8th of june, received a call in the afternoon, which was when he was told.

 

Also regarding P45, is that meant to be issues?

 

Thanks in advance

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What does it say in his contract about notice required to terminate employment ?


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It says 1 week for termination within 3 months of starting work. scoured the whole contract and nothing at all about lay off someone and what would happen etc

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His contract won't use the words 'lay off', as that is synonymous with 'termination'. He hasn't been 'laid off', his contract has been 'terminated'.

 

As per his contract he is be entitled to 1 weeks notice of termination, or pay in lieu of that notice period.

 

If he was first notified on the 8th of the intention to terminate his contract, he should be paid until the 15th, whether he was required to actually attend the workplace or not during that notice period.

 

His 'last day of work' will be classed as the 15th.

This is an important date as if he applies for benefits, etc, he won't be entitled until after that date, as until that date he is still being paid so is technically 'employed'.

 

His P45 should be issued no later than the next payroll processing date.

 

If he doesn't receive this PILON (pay in lieu of notice) he needs to approach the hr/personnel/payroll dept to enquire why he hasn't received his PILON, and he can also confirm the dates they hold on file.

 

If he is monthly paid, and there is more than 2 weeks to pay date, he may want to pre-empitvely enquire to find out if he will be paid or not, which will save a lot of 'wait and see' time.

Edited by dx100uk
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As others have said,

there's no status of 'laid off' in UK employment law.

 

It sounds like he has been dismissed for reason of redundancy.

If he's unclear he should contact HR to clarify that his contract has been terminated.

 

It should be confirmed in writing.

If not ask for written confirmation.

 

As he's only been there 2 months he has no statutory entitlement to redundancy pay.

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Hi Guys

 

He was sent a confirmation via email on company letterhead which is a paper copy is to be sent in the post.

 

It actually states in the email that there is no work at the moment for him to do.

They would call him back when there is more work available.

They actually state in the letter as well that he will only be paid until the 8th.

 

No week in lieu or anything like that.

They have confirmed that payment will be made on the last working day of the month as usual.

 

he has asked about a P45 but I dont think they have replied with an answer yet.

It seems that they don't really understand UK law.

 

So if he is not paid until the 15th, are they breaking unemployment law?

If so and this is brought to their attention and they choose to not pay, Is the next step to go via ACAS?

 

Thanks

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OK, so looks like he has been laid off and not terminated for redundancy as I first thought.

 

Read what ACAS says about it

 

http://www.acas.org.uk/index.aspx?articleid=3839

 

http://www.acas.org.uk/index.aspx?articleid=1639

 

http://www.acas.org.uk/index.aspx?articleid=814

 

If his employment hasn't been terminated he won't get a P45. That's issued when someone's contract comes to an end.

 

 

Might be worth calling ACAS. They seem to be saying that laid off employees should be paid unless their contract contains express provision to be laid off without pay. I understand you have searched the contract and cannot find a clause that says that.

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Thanks Ethel street

 

 

Just had a word with ACAS and they said it can not be implied. It must be stated in the contract otherwise they have no right to lay him off.

Its stated under Section 13 and 14 of the employment rights act s just need to draft an email to them and wait for the fireworks to start.

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