Temporary lay-off: applying for redundancy

Temporary lay-offs or short-time work are not meant to last forever. If you have been laid-off and it lasts long enough, you may be able to make a claim for redundancy pay from your employer.

Claiming redundancy when laid-off work

You may be able to make a claim for redundancy if you have either been:

laid-off work week without pay
put on short-time work earning less than half of your weekly wage

The lay-off must have lasted four or more weeks in a row, or for a total of six or more weeks within a 13 week period. The timetable to be followed is strict and it is a good idea to seek advice if you are unsure what to do next.

Being temporarily laid-off work

The process for making the claim

If you want to make a claim for redundancy after being laid-off you should follow the correct process.

Your written notice

The first step in the process for claiming redundancy is for you to give your employer written notice that you intend to claim redundancy. You must give it to them within four weeks of the end of either:

a consecutive lay-off or short-time working period of at least four weeks
six weeks lay-off or short-time within a 13 week period, where no more than three of the weeks have been consecutive

Your employer's response

Your employer then has seven days in which to either accept your claim or give you a written ‘counter-notice’. If your employer doesn't give you counter notice they are assumed to have accepted your claim.

The counter notice is to tell you that your employer does not accept your redundancy payment claim because work will be available in the near future. The ‘near future’ must be within four weeks and the work must last at least 13 weeks without interruption.

If your employer gives you counter notice you won’t get redundancy pay unless an Industrial Tribunal decides in your favour. Your employer can decide to withdraw their counter notice by telling you in writing.

Employment-related tribunals: an introduction

Resignation

In order to be able to get redundancy pay you must resign by giving either one week's notice or the notice period required by your employment contract if this is longer. The timing of your notice is crucial to get right and redundancy pay claims can fail if you do not give in your notice correctly.

If seven days have passed since you gave your written notice to your employer and your employer has not given counter notice, you should hand in your notice within three weeks after the seven days has ended.

If your employer has given counter notice but then withdrawn it, you must give your notice within three weeks of the withdrawal.

If your employer has given a counter notice and does not withdraw it you could take your claim to an Industrial Tribunal. After you receive notification of the Industrial Tribunal's decision you have three weeks to resign. This means that you don't have to give up your job until you know the Industrial Tribunal's decision.

If your employer appeals the Industrial Tribunal's decision you still only have the three weeks to resign. So, if your employer wins their appeal you could be jobless and without redundancy compensation.

If you are unsure how this process works, you should get advice.

Where to get help

The Labour Relations Agency (LRA) offers free, confidential and impartial advice on all employment rights issues for residents of Northern Ireland. You can contact the LRA on 028 9032 1442 from 9.00 am to 5.00 pm Monday to Friday.