I'm not sure if my job has laid me off properly - Any advice?

LegacyUser

Like many, I was laid off during the pandemic. I work for a conference venue and theatre, so not surprising.

I was contacted at the start of April and told I was being laid off, I was really surprised as part of my job was still going to need to be done in my absence and my colleagues who had a similar workload were being kept on, on full salary and I had to spend my final week preparing for my lay off "just like I would if I was going on holiday" - training up retained staff members on my role and scheduling as much digitally as I could with the limited time and computer access I had (I was at home and only had an old laptop here).


I was put on the PUP, which, I was really grateful for but it was less than half of what I was on before this. I also very quickly figured out that I am not allowed to work anywhere else without surrendering my position (which is permanent, 5 years service). With the lack of jobs right now, the only prospect is to take something on a lower scale in the hope that might position might return in the future, but, not an option. All I can do, if I wish to preserve my career is hope that my job comes back. The industry is in tatters, so, unlikely before April.

I felt very stuck in this weird limbo so I visited my local TD to discuss PUP restrictions for employees. He advised that the PUP was not intended for career professionals and the temporary Wage Subsidy Scheme had been introduced specifically to prevent the issues I was facing.

At the time, when my employer (who are a state body - my employment is in the commercial leg of operations) notified me that I was being laid off I asked if the TWSS was an option and was told "We've been advised against that"

So, I'm in a weird situation of professional paralysis until April unless I am lucky enough to find a job close enough to where I was at in terms of salary and level (believe me, I am trying).

There's a few questions I have but have been advised that a lay off is defined by the employer not having any work for the employee - so, having me train my colleagues on how to my job is actually not right? Does anyone know?

Secondly, there are some articles online that suggest that short-time and lay offs need to be referenced in your contract in order for your employer to legally impose these on you.

If they are not referenced, then the employee needs to agree to them? I never had a two-way conversation about my lay off. I was told it was happening. There is no reference to short-time or lay offs in my contract - can anyone advise on this?

It is difficult to see how the t&c’s of your contract could over ride the emergency Covid legislation or Government policy on venues/gatherings, so while your predicament is very unfortunate, it is not particular to career professionals and applies to everyone still off work due to Covid.

In relation to what your TD said, it is a strange perspective on PUP/wage subsidy. The Government encouraged employers who were entitled to, to use the wage subsidy to retain a connection with staff and keep people off the unemployment register, it didn’t define who should be kept on wage subsidy and it has tax implications. Did he say it was to be used for professionals, and not for people who don’t have qualifications?

Dempo1

Dav010 wrote: »

It is difficult to see how the t&c’s of your contract could over ride the emergency Covid legislation or Government policy on venues/gatherings, so while your predicament is very unfortunate, it is not particular to career professionals and applies to everyone still off work due to Covid.

In relation to what your TD said, it is a strange perspective on PUP/wage subsidy. The Government encouraged employers who were entitled to, to use the wage subsidy to retain a connection with staff and keep people off the unemployment register, it didn’t define who should be kept on wage subsidy and it has tax implications. Did he say it was to be used for professionals, and not for people who don’t have qualifications?

Agreed, kind of an odd thing for any TD to say. OP, have you anything in writing,, email to confirm you've been permanently let go? If so your probably in redundancy territory, particularly if you've 5 years service. At present there is a temporary suspension as such of redundancies but I presume this will be lifted soon. You do need to clarify if you've been let go completely though and in writing, email, etc.

Mrs OBumble

covid19sucker wrote: »

I also very quickly figured out that I am not allowed to work anywhere else without surrendering my position (which is permanent, 5 years service).

How did you figure this out?

Surely if you accept another job, then the first one says "come back to work next week", you just say "I quit" to the other job, and go back to work.

nibtrix

Dempo1 wrote: »

At present there is a temporary suspension as such of redundancies but I presume this will be lifted soon. .

Just to note in case it's not clear, there's a temporary suspension on employees forcing employers to give redundancy when they've been on temporary layoff or short-time working for more than 4 weeks. Employers must still give redundancy to employees if they make the layoff a permanent terminaton.

Of course, most employers will just continue to wait in the hopes that employees will find other roles and resign voluntarily.

You should contact your employer, ask them if you are still on temporary layoff and how long they expect it to continue. If they tell you it is indefinite, you could, if you choose, let them know you will be claiming redundancy once the restriction is lifted - currently scheduled for 17th September.

Also, as you mentioned, they should have it in your contract or get your agreement before laying you off. Potentially you could bring a complaint to the WRC, but they're likely to be a little more lenient than usual due to Covid - that's just my opinion by the way.

The info at Citizens Information is very good for these kind of things - https://www.citizensinformation.ie/en/employment/unemployment_and_redundancy/redundancy/lay_off_short_time_working_and_redundancy.html