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Laid off

18 replies

MereDintofPandiculation · 19/03/2020 17:06

DS has worked for a large employer for nearly 9 years. They have just closed his unit and laid him off.

If he'd been made redundant, he'd be entitled to 1 week's pay for each year worked.

But because he's laid off all he gets is a single payment of £140.

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CatToddlerUprising · 19/03/2020 17:13

He may still be able to get redundancy- www.gov.uk/lay-offs-short-timeworking

Juanmorebeer · 19/03/2020 17:19

Has the entire company closed or gone into administration? This doesn't make sense

MereDintofPandiculation · 19/03/2020 18:22

The company is still running but has closed the unit he works at, and is allowed under the contracts that it gives to its workers to lay them off. They're still employees, but they get no work, no pay, no sick pay, can't take owed paid holidays. They get statutory lay off payment of £29 per day capped at 5 days in any three month period.

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MereDintofPandiculation · 19/03/2020 18:26

Thank you CatToddlerUprising That's genius! It looks as if, once the lay-off has lasted a month, he can ask to be made redundant. They have to either agree, or give him at least 13 weeks work before laying him off again.

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DuchessOfBeddington · 19/03/2020 18:28

Sorry to hijack OP (Sorry for your DH btw!) but how do you claim short time working/lay-off income.

I got laid off today. Is it through universal credit?

MereDintofPandiculation · 19/03/2020 18:41

Duchess Is your employer not paying it? DS's letter says it will be paid at the normal payment date, which implies that it's the employer paying it.

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devildeepbluesea · 19/03/2020 18:43

I think the danger with claiming redundancy is that the company may not be able to pay redundancy pay. Also of course, once things get back to normal he's out of a job for good.

MereDintofPandiculation · 19/03/2020 18:52

Claiming redundancy pay is something that he should do if he finds a new job and has already decided to resign. Otherwise, I agree, you can't get redundancy pay AND keep your job.

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NotDisclosedToday · 19/03/2020 19:00

Sorry to hear that.

Bluntness100 · 19/03/2020 19:07

Considering this will likely be over in twelve weeks, and employment support details will be published tomorrow, I’d be very sure he wants to request redundancy. He’s unlikely to get another job when this goes on, and I’m not sure how long until he can claim benefits if it’s voluntary redundancy on his request,

MereDintofPandiculation · 19/03/2020 21:27

Good points, Bluntness for anyone else looking at this. DS won't be resigning unless he already is in another job which has better T&C than this one, so if he's at the stage when he's resigning anyway, better to get redundancy payment if he can.

I have a nasty suspicion the timing is not coincidental - since he's already laid off, whatever is announced tomorrow won't affect him.

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Bluntness100 · 19/03/2020 21:29

I think it might as it is employment support for people who are laid off due to this apparantly,

TickTockTickTockT · 19/03/2020 21:29

I know how you feel my DH is due to be laid off next week. So far the government haven’t announced what they are going to do or whether they are only offering support to those who cannot go to work! It’s a stressful uncertain time Op. good luck

DuchessOfBeddington · 19/03/2020 21:46

My employer is not able to pay it, they have gas to close the business (not permanently). I was just wondering if I should apply for UC?

MereDintofPandiculation · 19/03/2020 22:20

I was just wondering if I should apply for UC? Yes you should. You are allowed to receive UC while laid off.

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MereDintofPandiculation · 19/03/2020 22:41

Duchess You should also try to get advice from Citizens Advice. I've searched on-line and can't find anything on how to apply for it if it's not being paid by your employer. Has your employer told you they're not paying it? Are they even aware of it?

This link seems to imply they have to pay it if your contract allows for lay offs:
www.citizensadvice.org.uk/work/leaving-a-job/redundancy/layoffs-and-short-time-working/if-your-contract-allows-layoff-or-short-time-working/
If your contract doesn't allow for lay-offs, then I don't think they can just lay you off - ie keep you "employed" but not pay you your contracted hours. Seek advice.

This is even clearer. They can't pay you less unless your contract allows you to be laid off, and even if it does allow it, they have to pay you at least the statutory pittance:
worksmart.org.uk/work-rights/pay-and-contracts/pay/am-i-entitled-pay-days-when-i-am-laid

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DuchessOfBeddington · 20/03/2020 02:44

Many thanks. Really useful advice and links.

Sat down with DH today to register for UC. My god it was difficult, and we are relatively intelligent, literate, computer savvy people. I haven’t a fucking clue how anyone with SEN manages!

MereDintofPandiculation · 20/03/2020 10:40

We found setting up the UC claim was straightforward, although long and tedious, but the verifying identity on line didn't work. DS is currently on hold trying to get an appointment to verify in person.

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