Does a week of annual leave count as a week on lay-off?
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 definition, it would seem that a week spent on paid annual leave would not count as a week of 'lay-off’ because the employee will be getting paid for their time off.
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial
