A lay-off situation arises where your employer is temporarily unable to provide work for you. Your employer can lay you off if it is in your contract of employment or it is custom and practice in your employment and must be agreed with you. This must be a temporary situation and your employer must notify you before the reduction in hours / pay starts.Redundancy Form RP9 may be used for this purpose. Where an employer fails to give notice of lay-off, he leaves himself open to claims for statutory redundancy payments.

Both Short-time and Lay-off

If you do not agree to Short-time or Lay off your employer could seek to make you redundant. If a short-time or lay off situation exists and has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, and your employer cannot guarantee you at least 13 weeks employment you may be able to claim redundancy. This is considered voluntary redundancy and you are not entitled to notice or pay in lieu of notice.

There is no limit on the number of times an employer may put an employee on short-time or lay off, as long as the employer can guarantee at least 13 weeks employment. However, if it becomes apparent that the short-time or lay off is no longer temporary then the situation could be considered a redundancy.