Does a week of annual leave count as a week on lay-off?
Posted in : First Tuesday Q&A NI on 1 December 2020
Johanna Cunningham
Arthur Cox
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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Johanna Cunningham
Arthur Cox
The main content of this article was provided by Johanna Cunningham. Contact telephone number is Johanna Cunningham or email belfast@arthurcox.com
View all articles by Johanna Cunningham