Does a week of annual leave count as a week on lay-off?

Posted in : First Tuesday Q&A NI on 1 December 2020
Arthur Cox
Arthur Cox
Issues covered: Redundancy; Lay-off; Annual Leave

If an employee has been on lay-off for four or more consecutive weeks or for six weeks in any 13 week period, they are entitled to claim for a statutory redundancy payment.

‘Lay-off’ is narrowly defined under article 182(1) of the Employment Rights (Northern Ireland) Order 1996 and means a situation in which:

  • the employee is employed under a contract on terms and conditions such that the employee’s remuneration under the contract depends on the employee being provided by the employer with work of the kind which the employee is employed to do; and
  • in the week in question, the employee is provided with no work by the employer and therefore gets no pay. 

Taking into account the above

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Back to Q&A's This article is correct at 01/12/2020
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Arthur Cox
Arthur Cox

The main content of this article was provided by Arthur Cox. Contact telephone number is 028 9023 0007 or email belfast@arthurcox.com

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