Short term layoff/holiday pay query

TextureLikeSun

Hi there hope someone can help. My husband has been laid off short-term this week -will be back to work in February/March next year. He has 4 days holiday pay owed and has asked his employer for this as money will be tight .His employer has told him he isn't entitled to it .We don't know how to proceed from here any advice greatly appreciated

DoomZ

From Citizens advice website;

"If a lay-off or a short-time situation exists and has continued for 4 weeks or more, or for 6 weeks in the last 13 weeks, you may give your employer a notice in writing of your intention to claim redundancy under the Redundancy Payments Acts 1967-2007 - see 'How to apply' below. If the period of lay-off or redundancy has ended, you must do this within 4 weeks.

Unless your employer gives you a counter-notice within 7 days of your notice, you may be entitled to a redundancy payment provided that you qualify for redundancy. If your employer gives you a counter-notice within the allotted time, it must be to the effect that within 4 weeks of the date of your claim for redundancy, it will be possible to offer you not less than 13 weeks' work without lay off or short time.

You should note that if you claim redundancy in this way you are considered to have left your job voluntarily and therefore you will lose any right to notice from your employer under the Minimum Notice and Terms of Employment Acts 1973-2005. However if you have been laid off and you are subsequently made redundant by your employer you do not lose your notice entitlements"

therecklessone

TextureLikeSun wrote: »

He has 4 days holiday pay owed and has asked his employer for this as money will be tight .His employer has told him he isn't entitled to it .

It is illegal under the terms of the Organisation of Working Time Act 1997 to pay an employee for holidays owed unless the employment is being terminated. In this case your husbands employment is not being terminated, simply placed on temporary hold. I doubt a short-term layoff counts as termination in this instance, but I am not a legal expert so perhaps Citizens Advice or NERA can advise?

Could your husband ask that he receive four days paid annual leave as is his entitlement before commencing the layoff period? It will delay the start date of any social assistance claim, but is probably worth more than 4 days JSA/JSB regardless.

If that is refused and you are sure that your husband has accrued this outstanding holiday then the next option is to make a complaint under the provisions of the Act through Workplace Relations

Often times the "threat" of a complaint being made is enough to persuade employers to rethink their position, however if cash flow is a problem (and it likely is given the temporary layoff) then simply they may not have the money to settle now and may allow the complaint to move forward.

I'd also draw your attention to the previous post, and would recommend you and your husband think carefully about that as a long term solution.

Best of luck.

coffee_cake

therecklessone wrote: »

It is illegal under the terms of the Organisation of Working Time Act 1997 to pay an employee for holidays owed unless the employment is being terminated. In this case your husbands employment is not being terminated, simply placed on temporary hold. I doubt a short-term layoff counts as termination in this instance, but I am not a legal expert so perhaps Citizens Advice or NERA can advise?
.

Where exactly does it say so in there, I am having a look through it and don't see it. I looked on citzensinfo before and they say something about employee and employer coming to a mutual arrangement being ok. Just asking as someone I know is getting paid instead of some of their holiday days

therecklessone

bluewolf wrote: »

Where exactly does it say so in there, I am having a look through it and don't see it. I looked on citzensinfo before and they say something about employee and employer coming to a mutual arrangement being ok. Just asking as someone I know is getting paid instead of some of their holiday days

From Citizens Information:

It is illegal under the Organisation of Working Time Act, 1997 for an employer to pay an allowance in lieu of the minimum statutory holiday entitlement of an employee unless the employment relationship is terminated. In general, your annual leave is calculated on the basis of hours worked.

I should correct my earlier post as follows: leave over and above the statutory minimum may be compensated by a payment in lieu of the days owed, but you may not offer payment in lieu of statutory entitlements.

coffee_cake

thanks