Lay-off and Short-time Working Employment Contract

Lay-off is when an Employee does not receive any paid work for a temporary period. Lay-off, if unpaid, must be by agreement with the Employee and set out in the Contract of Employment. In the absence of such an agreement, an Employee may make a claim for unfair dismissal. If there is nothing in the Contract it must be amended accordingly if the Employee so agrees.

If work is not provided for any day then the Employee is entitled to Statutory Guarantee Payment. The maximum allowed is for 5 days in any 3-month period.

If an Employee is laid off for at least 4 consecutive weeks or a series of 6 or more weeks (with no more than 3 being consecutive) within a 13-week period then they can claim Redundancy and Statutory Redundancy Pay. They should give the Employer written notice of their intention to do so beforehand. This notice must be sent to the Employer within 4 weeks from the end of either: the 4-consecutive week period; or, the series of 6 or more weeks within the 13-week period.

If the Employer does not accept this he must serve a counter-notice on the Employee within 7 days of receiving the Employee’s notice. The basis for a counter-notice is that work will be available for the Employee within four weeks and this work must last for 13 weeks without any interruption.

Short-Time Working is when an Employee is paid the equivalent of less than half a week’s pay. This is either because there is no paid work for a period of the week or the Employee is working a reduced number of paid hours. Short-Time Working must be by agreement with the Employee and set out in the Contract of Employment. In the absence of such an agreement, an Employee may make a claim for unfair dismissal. If there is nothing in the Contract it must be amended accordingly if the Employee so agrees.

If work is not provided for any day then the Employee is entitled to Statutory Guarantee Payment. The maximum allowed is for 5 days in any 3-month period.

If an Employee is on Short-Time Working for at least 4 consecutive weeks or a series of 6 or more weeks (with no more than 3 being consecutive) within a 13-week period then they can claim Redundancy and Statutory Redundancy Pay. They should give the Employer written notice of their intention to do so beforehand. This notice must be sent to the Employer within 4 weeks from the end of either: the 4-consecutive week period; or, the series of 6 or more weeks within the 13-week period.

If the Employer does not accept this he must serve a counter-notice on the Employee within 7 days of receiving the Employee’s notice. The basis for a counter-notice is that work will be available for the Employee within four weeks and this work must last for 13 weeks without any interruption.

This Employment Contract - Lay-off and Short-time Working:

contains provisions allowing for Employees to be placed on periods of Lay off and/or Short Time Working.

If an Employment Contract does not contain such provisions then an Employee cannot be required to be placed on periods of Lay off and/or Short Time Working.

This Employment Contract - Lay-off and Short-time Working contains the following clauses:

1. Commencement and Probation Period
2. Job Title and Description
3. Place of Work
4. Hours of Work
5. Remuneration
6. Holidays
7. Absence and Sick Pay
8. Notice
9. Disciplinary and Grievance Procedure
10. Maternity and Paternity Leave
11. Additional Policies
12. Pension Scheme
13. Collective Agreements
14. Changes to Your Terms of Employment
15. Confidentiality
16. Lay-Offs and Short Time Working
17. Alcohol and Drugs
18. Property
19. Anti-bribery
20. Third Party Rights
21. Personal Information
22. Governing Law and Jurisdiction

This Lay-off and Short-time Working Employment Contract is in Microsoft Word format, written in plain English, easy to use and edit.