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Lay offs

Hi all, 

Please can anyone advise on where employees stand on other rights if they are laid off work temporarily.

For example; if they are laid off for period of 14 days but are then told to self isolate should they be paid SSP?

If they have previously been told to self isolate and then are laid off will they still be entitled to SSP?

Many thanks,

Jess

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  • Sorry I don't have the answer Jess, but I have some similar questions on Lay-off so hope it is OK to add them here. I am awaiting a call from HR-Inform so will update if I get it.

    I have a Client who has just had to lay staff off and it has raised this question and others - I hope someone can come back to us with some clear advice:
    When is lay-off Statutory Guarantee Payment made – end of 5 days or next payroll period? (Expected next payroll)
    Part-time is calculated proportionately - so if someone only works 2 days a week do they only get 2 days SGP
    Does this reset after rolling 3 months for a further 5 days?
    Pre-booked holidays during lay-off period – can they be taken and they paid?
    Member of staff goes off sick during lay-off – is SSP now due?
    Does staff accrue holiday during lay-off – Expected ‘Yes’
    Laying off an Apprentice (College has been cancelled) – Some concern on how this will be handled
  • Hi Jessica. Following a call to the helpline, it would seem that the answer on whether someone on Lay-off then gets SSP if they go off sick is still in question.

    Here are the replies to the questions I asked, which may be of use to you or others:

    It would seem that Lay-off information is in short supply, and some items no one really knows at this time. However, this is what I have been told by the helpline at the moment:

    When is lay-off Statutory Guarantee Payment made – end of 5 days or next payroll period – Paid at next payroll period
    NB. Part-time is calculated proportionately – I asked if that means if someone worked 2 days they would only be due 2 days SGP. Awaiting a confirmed answer.
    Does this reset after 3 months for a further 5 days? – Yes a further 5 days would be due after 3 months
    Pre-booked holidays during lay-off period – can they be taken/paid? – You should honour pre-booked holidays if you can and they are paid. In essence though you could refuse to pay, and there may be little comeback. If you are considering not paying please further advice at the time as things could change.
    Member of staff goes off sick during lay-off – is SSP now due? – Awaiting a confirmed answer.
    Does staff accrue holiday during lay-off – Yes
    Laying off an Apprentice (College Face-Face cancelled) – Some concern on how this will be handled (Apprentice cannot be made redundant unless in specific cases such as closure of Company) – I have been advised to ask ACAS for confirmation.

    Can holiday be taken early during lay-off that hasn’t been accrued? – Down to the discretion of the Company, and it can be an enforced holiday as long as twice the amount of notice to holiday given. Caution though on them taking the full holiday now and not being able to take a ‘break’ later in the year.
    Holiday during lay-off - Take holiday and then lay-off, or the holiday could be after the 5 days lay-off. You would still be liable to pay them for holiday taken (see above)
    Can this be available just to full-time staff? (not Zero Hours)? Zero hours will not apply as the will just be given no hours, and hence no lay-off. BUT if you have anyone on a part-time contract they must be given the same rights as full time. You could prorata the amount that a part-timer could take opposed to a full-time.
    Can this be paid back from Redundancy? – It will be due back from any Notice pay you would have given, not the redundancy payment.
    What if a staff member leaves having taken holiday and no payment is due, i.e. leaves employment? - This is a risk that you would have to decide upon. It is possible to claim, but that can be more expensive and time-consuming that any payment due back.

    The KEY part is that you must ensure Full and Part-time staff are treated the same. You must also ensure that any Zero Hours staff really are ‘Zero Hour Workers’ and have not become ‘Employees’ by the fact that they had ongoing regular days/hours and expectation of work.

    There are expectations that some other measures may come in, but as yet there are no firm details.

    Hope this helps
  • In reply to Amanda Holges:

    Thank you so much for this Amanda, very helpful!

    Best wishes,
    Jess
  • In reply to Amanda Holges:

    Thanks for sharing Amanda, I'm pretty sure my Company is going to be in this position soon - well dropping from 5 to 3 days. Although we don't have a lay-off clause in out contracts, so I'm guessing we are going to have to consult first? I don't know if anyone can help with my specific Qs please?

    How long should we consult for?

    What if the employee doesn't consent?

    How would if effect a part time worker who currently does 3 out of 5 days - what expectation could we have with them to drop days?

    Could we keep annual leave balances the same if the Company agrees or do we have to reduce those too? Ours run from Jan - Dec.

    Many thanks for any help
    Stacey