Legal Article - Employment Law

Time-off before Redundancy

An employee who is given notice of dismissal due to redundancy is entitled to reasonable time-off with pay during working hours to look for another job, or make arrangements for training for future employment. The time-off must be allowed before expiry of the notice period.
 
Employees are entitled to time-off in this way if on a specified date they have two years’ continuous employment with their employer. The specified date means either the date when the employee’s notice expires or the statutory minimum period of notice expires, whichever is the later.

An employer should allow the employee reasonable time-off, although the law does not say how much as this will depend on the circumstances e.g. number of job interviews. Some factors, which may be relevant, are:

• The effect of the employee’s absence on the business, although the business needs would have to be very important

• The length of the employee’s notice period

• Local difficulties in finding employment
 
• The provisions of any redundancy procedure agreement, which deal with the question of time-off.

However, the employer does not have to pay more than two-fifths of a week’s pay regardless of the length of time-off allowed i.e. some may be unpaid.
There is no ceiling on the amount of a week’s pay as there is in calculating a redundancy payment, although it must be reasonable.

Should the employer refuse time-off, unless evidence is produced because they believe the employee is not using it for the purposes allowed by the law, this may persuade a tribunal that the refusal was reasonable.

Published: 27 May 2011

Comments

To ensure you are a real person signing up and to prevent automated signups (spamming) could we ask you to copy the letters and numbers shown below into the box.

(cAse SeNSItivE!)

There are no comments



Share this Article


Related Articles

Employment Law Downloads