# Can you work elsewhere whilst on temporary lay off?



## luigimom (24 Feb 2009)

Hi - I'm new to this forum, so apologies in advance if I do anything incorrectly.

A friend has been in employment for over 6 years.  Her company has got into financial difficulties and the staff have not been paid since Nov 30th, with the exception of one week's pay in February. 

The staff were offered a (voluntary) temporary lay off situation last week, thus enabling them to sign on for Jobseeker Benefit.  If they take it, I understand that they can be laid off for 4 weeks and after that period can apply for statutory redundancy (which can be counter claimed by one's employer if they can subsequently give you 13 weeks work). The state of the company is so bad that it seem very unlikely that this employer will be in a position to give them any more work.  

My question is this: instead of signing on the dole, can my friend take alternative temporary work during this 4 week period without it affecting her statutory redundancy?  I've trawled Google and many forums, including the National Employment Rights Authority (NERA) site, Social Welfare site, SIPTU, Citizen's Information etc tetc, and none of them (or the legislation on the Dept Enterprise & Employment site) refer to it.  Or maybe I am missing it?

I spoke to someone in NERA this morning and she said it is OK to work for an alternative employer whilst being temporary laid off - the only stipulation is that you must be available to return to your original employer if they have work for you during that 4 week period.  Seems fair enough....

As my friend's employer advised staff NOT to take alternative employment (or to work for 'cash' jobs only), I decided to ring NERA a second time to be sure and I got a completely different answer!  Apparently taking up alternative employment CAN affect your redundancy payment.   

Can anyone shed any light on this very grey area?  Surely my friend is not the only person in this position? 

Cheers


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## joebloggs90 (24 Feb 2009)

Hi 
I,m in the same boat and would like to know the answer to that ,
Basically i have 2 options my company gave me 1 take a months notice and then the lump or 2 that a months notice and then go temp lay off for 4 to 6 weeks with a view of the company to try and redeploy me .and if no joy then i get the lump ..what happens if i work as a taxi driver for 4 to 6 weeks will my lump be affected


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