Not entitled to redundancy?

paulac

Hi, Just a quick question on redundancy and lay offs. My firends been working for a compnay for 3 1/2 years and was put on lay off about 6 weeks ago. He was offered work with another compnay and was told that his current employer could issue him with a special p45 which wouldn't terminate his employment but would just allow him to work for someone else while on lay off. He did that anyway but the lay off in his current job looks to continue for a lot longer so he wanted to claim for redundancy at which point he was told that he can't get it because he didn't ask for it within 4 weeks of asking for the p45.

I can't find anything on the net which says anything like this. Only thing would be that he wouldn't be entitled to notice because he is making the claim for redundancy but I can't find anything to say that he wouldn't be entitled to redundancy.

Has anyone ever heard of this before? Any advice would be appreciated. Personally I think the compnay is mixed up but I'd need to be able to point to something so he can tell them they're wrong.

Thanks

gerrycollins

in a contract a company usually put in place a provision for lay-off if business is slow or bad. staff do not have to be paid for the lay off and the length of lay off can vary.

If your friend got a "second job" he would have to sort out his tax affairs with the revenue, selecting the new company as his now new employee while still remaining on the books of the company that put him on lay off. I never heard of a special p45?can some one enlighten me please

as for his redundancy he cannot ask for it so maybe they are fooling him around.

Fiii

This link might be useful for him:

http://www.citizensinformation.ie/categories/employment/unemployment-and-redundancy/redundancy/lay-off-short-time-working-and-redundancy

Shivers26

It was possibly a form RP9 that he was issued with. Is he in the construction industry? This form allows construction workers to be out on a temorary lay off but they are allowed to claim JSB from day 1 that they are out of work. Technically they are still employed by the employer who issued the forms but you would need to clarify if this was the form he was given because AFAIK you are not supposed to work elsewhere while laid off.
Maybe if you could clarify what form exactly he was issued with and we could look up the conditions?

Ginger83

My sisters guy was working with a construction company for six years up until last year. The company went slack and all the guys were brought in and put on temporary layoff. The social refused to pay him while he was laid off as they claimed he must present a p45 to claim, he was told the same when he arranged to see a welfare officer at a special meeting.

The company messed him around bigtime. They ignored his calls etc. He found out through citizens information they were supposed to write to him in person after a max of 4 weeks (not 100% sure on number of weeks) and give him 2 choices, take him back on and guarantee him min.13 weeks work or make him redundant. Needless to say they did neither,just ignored all their staff, great company yea i know.

When he eventually got through to the payment department asking for his p45 he was greeted with snide comments such as " Oh, are you leaving us, very sorry to hear about that"! WTF? The guy had no money for weeks and weeks, what did they expect.

He ended up bringing his former boss through court (small claims I think) to force redundancy pay. Boss turned up on day, wrote out cheque and threw it at him, yea thanks for your service-w**ker!

He was then allowed to bring his p45 and court details to the social welfare and they backdated him from day1 when he was first laid off.

Hope this is off some help