Temporary lay off.

[jonog9]

Hi I was temporary laid off work as an electrician on the 10th of June. The lay off period is for 13 weeks and ends on the 9th of september. However my current contract of employment ends on the 16th of August. Was just wondering where i stand as the company aren't being very helpful regarding paying any monies owed . I know the company will let me go anyway at the end of the 13 weeks.

Anybody got any ideas on wether i will still be entitled to holidays still owed and my week in hand.

Thanks

John

[strangewayofsavin]

Re: Temporary lay off.

HI jono, could you be more precise about the contract, are you on a contract of service? so basically are you employed by the company directly on a fixed period contract, or do you work for the company but are liable for your own tax? or are you a self employeed electrician who suplies the van and tools, and given work which is paid for on a job basis?

[jonog9]

Re: Temporary lay off.

I work for the company directly and i was on a 12 month contract. I have been there 4 years.

[Caspar]

Re: Temporary lay off.

So you had four 12 month contracts or you had one 12 month rolling contract for 4 years?

[jonog9]

Re: Temporary lay off.

My apprentice contract ended last august. They renewed it for 12 months as an electrician and it has now ended on the 16th of this month. I just want to know if i can just leave now and ask for my money i am owed or wether i need to give them notice. It says in the contract that i should give notice but it is now out of date.

[Caspar]

Re: Temporary lay off.

I am not an employment law expert. However, I would imagine that as you had a fixed term contract and that contract has now expired, as long as there is nothing in it saying it automatically renews or anything like that, then you do not have any contract so you could leave when you want.

[jonog9]

Re: Temporary lay off.

Thanks for the reply. Thats what i thought but the company said i have to still give 2 weeks notice.

[teaboy2]

Re: Temporary lay off.

Thanks for the reply. Thats what i thought but the company said i have to still give 2 weeks notice.

Thats just what they what you to believe, and is likely becuase they what to keep you on when work picks up. But alas they should have given you a new contract prior to the old one running out. Says to me they not realise they only gave you a 12 month contract.

Anyway, from the date the contract ended you are free of all obligations under the contract including giving any notice as the contract now no longer exist. However any liabilites owed under the contract (wages) are still owed so if they haven't paid you then a formal letter before action should do the trick. If that happens to fail then its to the small claims court to recover your wages owed, or to the employment tribunal which is the cheaper option.

[jonog9]

Re: Temporary lay off.

Thanks teaboy.

I have now told the company i dont wish to hang around and i want any monies owed. I have also put this in writing to them. They are still adament though that 2 weeks notice is statutory. I cannot find anywere on the net thats says this.

[teaboy2]

Re: Temporary lay off.

Thanks teaboy.

I have now told the company i dont wish to hang around and i want any monies owed. I have also put this in writing to them. They are still adament though that 2 weeks notice is statutory. I cannot find anywere on the net thats says this.

Thats because once the employment contract ends, it ceases to exist after the date it is due to end/teminate. After that date you are no longer an employee of the company unless they put in writing they wish to extend your contract and extend the term of the length of the contract, and you signed it in acceptence - But and even then they must do that prior to the contract ending, otherwise they would have to offer you a brand new contract.

Like i said once the contract has terminated it legally ceases to exist and you are no longer bound by any terms or the contract. Your now unemployed as a result of the completion of your contract, just like a footballer becomes a free agent when their contract ends with their club.

[charitynjw]

Re: Temporary lay off.

Why not write and ask them to provide proof of their claim that 2 weeks notice is required either by your contract or by law?