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Redundancy law query

  • 14-02-2012 09:09PM
    #1
    Elements
    Registered Users, Registered Users 2 Posts: 6 ✭


    Hi there,
    I have a specific query which I can't find an answer to....
    I am an employer who has to give notice to an employee due to downturn, nothing to do with his work, which is completely fine.
    He has worked here for 3 and a half years, but is from outside the EU. (non EEA) He was on a student visa until last Autumn, & only allowed to work 20 hours a week. (For 18 months he worked only 15 hours a week fitted in to suit him around classes)
    During his student visa period he was not allowed to claim any type of support from the state.
    Last Autumn he obtained some type of residency visa so since then has been allowed to work full-time.
    1st question - am I obliged to pay him redundancy for a period during which the State would not have allowed him any claims? e.g. the State has to refund me part of that?
    2nd question - if I am obliged to pay him, am I obliged to pay him redundancy for a 3 full years when he in fact didn't work for a full 3 years because of part-time, and also was only entitled to work full time since last Autumn?
    Tagged:


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