An employer can put someone on short
time working, or lay them off (not make them redundant) for
temporary periods if they have a right written in their Contract
of Employment or it is custom practice in the industry they
work in for example, the building industry.
If any employee is placed on short time working
or is laid off without their being a contractual right or implied
right in relation to that industry, the action by the employer
would amount to a breach of Contract entitling the employer
to obtain unlawful deduction from wages or consider making
a claim for constructive dismissal. An employer may not exercise
this clause without due cause i.e. there must be a genuine
reason why the person should be laid off or short working be
provided. Normally this would be reasons such as working conditions
or refurbishment of the premises.
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Section 28 of the Employment Rights Act 1996
states if someone is laid off or put on short time work, they
are entitled to a guaranteed payment for the days that they
are excluded from working up to a maximum of guarantee payment
which is currently under the legislation, £18.40 per
day up to 5 days. This is from the 1st February 2005. They
can only be placed on a guaranteed minimum for five days in
any 3 months period. Therefore, this equates to £92.00.
After 4 weeks of being laid off or on short
time working, an employee can insist by notice that the employer
guarantees 13 weeks of continuous work. If not, he or she can
claim redundancy pay.
In conclusion on this particular chapter,
please note that lay off is not the same as redundancy. It
is frequently confused by people and the term is misused in
relation to being laid off as opposed to being made redundant.
Being laid off is a temporary cessation of work, redundancy
is a permanent loss of job.
If you are facing redundancy visit our redundancy pages.
If you are being unfairly Dismissed, visit our Unfair Dismissal pages.
If you are being disrciminated against due to race, visit our Race Discrimination pages.
If you are considering going to an Employment Tribunal then see our Employment Tribunal pages.
If you are facing Constructive Dismissal, visit our Constructive Dismissal pages.
If you are losing your job due to Misconduct or Gross Misconduct, visit our Misconduct or Gross Misconduct pages.
If you are losing your job due to Capability then visit our Capability pages.
If you think you may be suffering from disability discrimination then visit our disability discrimination pages.
If you are being asked to sign a Compromise Agreement, then visit our Compromise Agreement pages.
If you are being put on Garden Leave then please see our Garden Leave pages