Have spent the morning quizzing the Dept of the Trade and Enterprise and have not been able to get a conclusive answer at all in relation to questions on lay off/redundancy. So as a last resort am trying to find out if anyone might know the answers in relation to this!
Basically, husband has worked for a construction firm for 3 years and over a week ago was told he and about 10 others were being put on 'protective notice'. On his last paid day 5 days later, he was issued a form for temporary lay off which as I understand it means they have 4 weeks to provide alternative work or else he can counterclaim for redundancy (albeit statuory redundancy) if they cannot guarantee 13 works at this point. I dont understand how minimum notice works in this situation, if he's entitled to 2 weeks minimum notice...should he be paid for the 1st 2 'lay off' weeks.
Everyone else has been issued their P45 and paid up for holidays etc except him as they were employed for less than a year. Others have been moved within the company to different positions so kept on. But basically he is in limbo, has no P45 so does not know if he can look for a different job without affecting a possible redundancy claim (Dept of trade etc werent sure about this) and seems like even though he's with them 3 years, that he can be left to wait for 4 weeks with no payment or any form of redress!
It very much seems as though the company do not want to keep him going workwise and are going through the motions of the 4 week lay off period - if this is the case, it is possible for the company to agree and sign off a statutary redundancy claim before the end of the 4 week lay off period. (if they didnt and they are making an employee's position untenable, would this sound like a case for constructive dismissal) Basically, if they wanted to can they agree to a claim for stat redundancy before a 4 week lay off period has finished...or are they legally bound to it if the temporary lay off has already officially started.
I would really would appreciate any advice as havent been able to get an answer to this from DETE or the social welfare and just dont know where we stand.
Basically, husband has worked for a construction firm for 3 years and over a week ago was told he and about 10 others were being put on 'protective notice'. On his last paid day 5 days later, he was issued a form for temporary lay off which as I understand it means they have 4 weeks to provide alternative work or else he can counterclaim for redundancy (albeit statuory redundancy) if they cannot guarantee 13 works at this point. I dont understand how minimum notice works in this situation, if he's entitled to 2 weeks minimum notice...should he be paid for the 1st 2 'lay off' weeks.
Everyone else has been issued their P45 and paid up for holidays etc except him as they were employed for less than a year. Others have been moved within the company to different positions so kept on. But basically he is in limbo, has no P45 so does not know if he can look for a different job without affecting a possible redundancy claim (Dept of trade etc werent sure about this) and seems like even though he's with them 3 years, that he can be left to wait for 4 weeks with no payment or any form of redress!
It very much seems as though the company do not want to keep him going workwise and are going through the motions of the 4 week lay off period - if this is the case, it is possible for the company to agree and sign off a statutary redundancy claim before the end of the 4 week lay off period. (if they didnt and they are making an employee's position untenable, would this sound like a case for constructive dismissal) Basically, if they wanted to can they agree to a claim for stat redundancy before a 4 week lay off period has finished...or are they legally bound to it if the temporary lay off has already officially started.
I would really would appreciate any advice as havent been able to get an answer to this from DETE or the social welfare and just dont know where we stand.