My query on temporary lay off is as follows and I would appreciate your comments.
1. Is there a selection criteria for temporary lay off? Does an employer have to tell you his reason for choosing a certain employee. I have been chosen for temporary lay off even though I have the same skillset as another employee who has less service.
2. Can temporary lay off be indefinite? I have been informed I am to be put on temporary notice for 7 weeks. I note that you can return the RP9 form seeking to be made redundant after 4 weeks but that is seen as 'voluntary' and you loose any right to Minimum Notice, which in my case would be 8 weeks, in addition to being penalised for 9 weeks for JSB. I am concerned that my employer is using this temporary lay off as a means of not issuing a period of notice and then paying redundancy.
3. Period of Notice: I have been given 2 weeks notice but my Contract of Employment says they will give me 1 month's notice of any change in the terms of employment. Is 'Temporary Lay Off' a change in terms of employment and therefore could I argue the period notice?
I have contacted NERA and CAB but was given conflicting information.
Your comments would be appreciated.