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RugbyPete

Laid off.. reduced wage.. but nothing in contract - Rights?

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My employer laid me off today, with the minimum 'Guaranteed pay' however this assumes I am unpaid.

 

I have nothing in my contract about reduced pay, or in fact being laid off and get more than the minimum guaranteed pay day to day.

 

As per this https://www.gov.uk/lay-offs-short-timeworking/overview It states I should recieve full pay.

 

What does this mean exactly? PAy every day im not int he office or pay only when asked to come in - how can they string me along for 3 months without work?

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Not sure I can help but I know we'll need to know - How long have you worked their and what profession are you in?? I believe construction is different.

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If there is nothing in your contract that allows for unpaid leave for lay offs then your employer should not be making payments under the guarantee pay but making full payment as if you were there and had worked.

 

You need to go over your contract again to make sure there is no mention of reduced work or lay offs and then approach your emloyer and ask them to explain why they are making payments under the guarantee pay and not making full payments.

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Indeed, if there is no contractual right to lay you off, that could be an unlawful deduction from your wages.

 

However, there are limited circumstances in which a lay off clause can lawfully be implied. If its industry standard and has been company wide practice, this might be lawful. It really depends on the circumstances.

 

There could also be a related policy in the staff handbook.

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Well contract says nothing.. so as far as shes concerned she not agreed to any such thing. Theyve basically said we wont want you in again, here's a letter saying what we could pay you (5 days max at reduced rate) and she can claim redundancy in 3 months time.

 

 

Should she wait it out... assume the company has paid her minimum reduced wage and then go to court for damages?

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