Q&As

Is an employee who asserts redundancy through the lay off and short-time provisions of the Employment Rights Act 1996 entitled to notice or a payment in lieu of notice?

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Published on LexisPSL on 26/03/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Is an employee who asserts redundancy through the lay off and short-time provisions of the Employment Rights Act 1996 entitled to notice or a payment in lieu of notice?

An employee may claim a statutory redundancy payment without being dismissed in one of two situations:

  1. where the employee is ‘laid-off’ by the employer, ie when the employer temporarily shuts down its operation because it cannot find any or enough work for the employees

  2. where an employee is put on short-time working—short-time working occurs where the employer requires the employee to do less than their full contractual hours and the employee receives less pay as a result

In order for the statutory scheme to trigger, the employee must have been laid off or kept on short-time working either for four consecutive weeks or for a total of six weeks (no more than three being consecutive) in any period of 13 weeks.

For these purposes, a week of lay-off occurs wh

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