# Time limit on temporary lay off?



## mbla (18 Nov 2008)

Hi,
My husband was temporarily laid off 3 weeks ago. 

At the time it looked like he would be made redundant after a month but now his boss has said that there may be work at some stage so there wont be redundancies.

Does anyone know if there is a time limit as to how long you can be temporarily laid off?

I looked up citizens advice and read that you can claim for redundancy after 6 weeks, but we dont want to do this unless we have to as he will only get 2 weeks per year worked which wont last very long if he has no job.

Basically we can sustain him being on lay off for another few weeks but thats really it, especially with Christmas etc, but from what i can find out "temporary" lay off can go on indefinitely.

Does anyone know if there is a cut off point where employers either have to reinstate workers or make them redundant?


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## papervalue (18 Nov 2008)

*Re: time limit on temporary lay off??*



mbla said:


> Hi,
> Im hoping that someone might be able to help me with this one.. my dh was temporarily laid off 3 weeks ago, at the time it looked like he would be made redundant after a month but now his boss has said that there may be work at some stage so there wont be redundancies.
> Does anyone know if there is a time limit as to how long you can be temporarily laid off?? I looked up citizens advice and read that you can claim for redundancy after 6 weeks, but we dont want to do this unless we have to as he will only get 2 weeks per year worked which wont last very long if he has no job.
> Basically we can sustain him being on lay off for another few weeks but thats really it, especially with christmas etc, but from what i can find out "temporary" lay off can go on indefinitely .. does anyone know if there is a cut off point where employers either have to reinstate workers or make them redundant?


 
Try to check link and it saids a bit about temporary lay off. check section 8 and 10

http://www.entemp.ie/publications/employment/2004/guideredscheme.pdf


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## Nutso (18 Nov 2008)

*Re: time limit on temporary lay off??*

If your hubby was given a temp lay off form (RP9) then he can claim redundancy after 4 weeks using this form.  However the company then can return the form to your hubby within one week, specifying at least 13 weeks work within a further 4 weeks.  If your hubby doesn't return the form, he could be on temp lay off indefinitely so it's probably best to return it.  Then if they don't have work within another 4 weeks, at least he will get a redundancy payment.


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## mbla (20 Nov 2008)

*Re: time limit on temporary lay off??*

thanks for that!


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## pigeon1916 (24 Nov 2008)

*Re: time limit on temporary lay off??*



Nutso said:


> If your hubby was given a temp lay off form (RP9) then he can claim redundancy after 4 weeks using this form. However the company then can return the form to your hubby within one week, specifying at least 13 weeks work within a further 4 weeks. If your hubby doesn't return the form, he could be on temp lay off indefinitely so it's probably best to return it. Then if they don't have work within another 4 weeks, at least he will get a redundancy payment.


 
This is true, But your husband is better off trying to get the employer to fill out the RP50 form as he will also get his notice period pay. By filling in the RP9, He will not get paid any notice period. Depending on how long your husband has been employed for or what is in his contract. This could be worth a lot of money.


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## Nutso (25 Nov 2008)

*Re: time limit on temporary lay off??*

I agree it would be better to have the employer fill in the RP50.  However, why would an employer do this if they can just leave him on temporary lay off indefinitely if he doesn't return the form?  Companies are trying to save as much money as they can and I have seen people on lay off for months if they don't return the form, there is no pressure on the employer to issue the RP50 unless the RP9 is returned.


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## ajapale (31 Dec 2010)

Similar question posted today


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