Layoffs and short-time working are sometimes used by employers as a way of handling temporary work shortages, without having to resort to redundancy, and that can be perfectly lawful.
As employees’ pay will be reduced or withheld during such a period, you can’t impose layoffs or short-time work without the employee’s agreement. That’s why our standard employment contract includes a term allowing it. If your contracts do not include this clause, you’ll need your employee’s consent to utilise these procedures.
There are a number of other common concerns when it comes to lay-offs or short-term working. For example, for how long can you layoff an employee before they are considered redundant? Might you have to make a redundancy payment? Might the redundancy also be considered unfair dismissal?
Our guidance material and template letters are designed to help you to use these procedures lawfully.
We recommend using our guides as your starting point and to set helpful context for the way in which the templates and other documents can be used. If you’re ever unsure about how to use any of our materials, just get in touch on the contact details below
The content on elXtr has been prepared by LHS Solicitors. It’s intended as guidance only and not to be regarded as a substitute for
consultation with one of our solicitors, since every case will ultimately turn on its own particular facts and circumstances.
We recommend that you use our materials as your starting point and be aware that you sometimes have to follow a set procedure before
taking any action, especially in an employment context. If you are in any doubt, we’d suggest that you get in touch with us and
we’ll talk you through your options on how to get the right legal advice.