Redundancy & Temporary Lay-Offs
An employer can temporarily lay-off staff in circumstances there they are unable to provide work, but they believe that the cessation of employment is only temporary and will not be permanent.
After 4 consecutive weeks after the lay-off an employee is entitled to claim redundancy however.
The employee must make this claim in writing which should state clearly their intention to claim redundancy and furnish this letter to the employer.
Some employees believe it is compulsory to use the RP50 form, but the legislation does not require this and states that the claim must be done in writing.
If an employee serves notice of their intention to claim redundancy, the employer only has within 7 days to furnish a counter-notice to the employee that they contest any redundancy liability. Many employers do not do this, and an employee then claims the entitlement to redundancy and relies upon s.12 and 13 of the primary Act, as amended, which can be seen here and here.
To calculate redundancy the employee needs the following details :
Employment Commencement date ?.
Employment Termination date ?.
Rate of Weekly Pay?
An employee can then input the relevant information to one of the many redundancy calculators which can be found online.
Disclaimer – Redundancy & Temporary Lay-Offs
Please be advised that the above-mentioned material is intended as an overview and as a broad out-line of the topic discussed. It should not be considered as complete and comprehensive legal advice, nor act as an appropriate substitute. Legal advice should be obtained from a solicitor prior to relying on anything in this article.
Due care has been taken in the publication of this article and we do not accept legal liability as a result of reliance on any material covered in the above article.
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