Share this content
13

Licensed trade lay offs & redundancy

If you lay off a zero hours employee due to downturn in business are they entitled to redundancy ?

Didn't find your answer?

 

 

Replies (13)

Please login or register to join the discussion.

RLI
By lionofludesch
25th Mar 2020 17:58

Dunno.

Tell us more.

Or, indeed, something.

Thanks (0)
Replying to lionofludesch:
avatar
By Spigsey
25th Mar 2020 18:05

pub\restaurant needs to lay off some employees and furlough others.
are the lay off employees entitled to redundancy (they are zero hour employees).

Thanks (0)
Replying to Spigsey:
RLI
By lionofludesch
25th Mar 2020 18:13

Spigsey wrote:

pub\restaurant needs to lay off some employees and furlough others.
are the lay off employees entitled to redundancy (they are zero hour employees).

No, not if they're furloughed.

It's one or the other, not both.

Thanks (0)
Replying to lionofludesch:
avatar
By Spigsey
25th Mar 2020 18:36

Thanks for that.
However, if one of the lay off employees (forget the furloughed ones) requests redundancy pay if things don't improve (i.e they permanently loose their job) then has the employer a duty to pay it ?
The employer is not officially making the position redundant - they are just responding to the current downturn due to covid.

Thanks (0)
Replying to Spigsey:
RLI
By lionofludesch
25th Mar 2020 18:42

Spigsey wrote:

Thanks for that.
However, if one of the lay off employees (forget the furloughed ones) requests redundancy pay if things don't improve (i.e they permanently loose their job) then has the employer a duty to pay it ?
The employer is not officially making the position redundant - they are just responding to the current downturn due to covid.

Redundancy is the employer's option, not the employee's.

The employee's option is called "resigning".

Thanks (1)
Replying to lionofludesch:
avatar
By Spigsey
25th Mar 2020 19:13

OK but if the employer finishes (i.e P45) the employee immediately (due to covid downturn) then are there any repercussions for the employer.

Thanks (0)
Replying to Spigsey:
avatar
By memyself-eye
25th Mar 2020 19:17

Has the employer 'sacked' the employee (if so, why?) or made them redundant (subject to the usual procedures…)
A P45 is the outcome of either process.

Thanks (0)
Replying to memyself-eye:
avatar
By Spigsey
25th Mar 2020 19:38

No the employer has not sacked the employee(s) for any "normal" reason.
He is just laying them off (i.e. taking them off the payroll) and cannot see any future reemployment due to the inevitable slow rebuild of his business when the current crisis is over.
It's any future employment law repercussions that worries him.

Thanks (0)
Replying to Spigsey:
RLI
By lionofludesch
25th Mar 2020 19:49

Spigsey wrote:

No the employer has not sacked the employee(s) for any "normal" reason.
He is just laying them off (i.e. taking them off the payroll) and cannot see any future reemployment due to the inevitable slow rebuild of his business when the current crisis is over.
It's any future employment law repercussions that worries him.


Have a look at the ACAS site. There are consultation procedures to go through.
Thanks (1)
Replying to lionofludesch:
avatar
By Spigsey
25th Mar 2020 20:01

Thanks for your reply but the consultation procedures that were valid last month are not relevant now.
Having a meeting with the employee (with a nominated representative etc. etc.) is not going to happen in the current climate.
I have around 50 employers in the licensed trade asking for guidance on this and it seems there is none that reflects the situation many of us find ourselves in.
Again, thanks for your replies.

Thanks (0)
Replying to Spigsey:
RLI
By lionofludesch
25th Mar 2020 20:26

I can only repeat that redundancy is the employer's option.

Thanks (0)
Replying to Spigsey:
RLI
By lionofludesch
25th Mar 2020 20:26

Duplicated

Thanks (0)
avatar
By lesley.barnes
25th Mar 2020 19:51

You would need to look at the normal redundancy rules v the individual employees contracts and their situations. If the employer is making staff redundant although the reason is the current situation there is nothing that says the employees lose their rights.

Thanks (1)
Share this content

Related posts