night off

can someone explain this one ,when we had the bad winds up here in scotland last week the company decided to give the nightshift the night off due to extreme weather conditions ■■? surley i should have been paid for this because it was not me that cried off ■■ it was the company that put me off ■■ so now i am a days wages short for something thats not my fault ■■? :frowning: :frowning: :frowning:
lt

Well they don’t sound like a nice company to me, have you pulled your boss about it ? You certainly won’t get caught like that again will you.

What are you contracted for ?

40 hours a week? or 8 hours a day ? salary paid ? etc etc

What a company can do is this if you are contracted for 40 hours a week - pay you 40 hours with a day off

What a company cannot do is this if contracted for 8 hours a day - not pay you for the day off if they cancelled that day

ROG:
What a company cannot do is this if contracted for 8 hours a day - not pay you for the day off if they cancelled that day

ROG,

Are you absolutely sure about this?

dieseldave:

ROG:
What a company cannot do is this if contracted for 8 hours a day - not pay you for the day off if they cancelled that day

ROG,

Are you absolutely sure about this?

Yes mate - absolutely positive

The contract is broken by the employer which is illegal

The only way it would not be illegal is if the contract had a contingency for such an occasion written in it

There is a very high probability there will be a ‘Lay Off’ clause within their employee contract.

If so - this entitles them to lay a member of staff off without pay as long as it is a temporary reason i.e. weather, shortage of work. There need be no clearly defined selection process like redundancy - but any process must be fair.

The employee will be entitled to Statutory Guaranteed pay - which is payable for a maximum of 5 days in any 12 week period and is a grand total of about £22.00 per day. Somewhere around that figure. Or they may be contracted to full pay - I doubt it.

if there isn’t a specific lay off clause - then they pretty much have to pay. Having said that, if they went to the trouble of getting contracts drawn up - they will have covered the possibility of lay off.

Complete lay off can be for 4 consecutive weeks or for 6 weeks within a 13 week period after which the employee is entitled to claim redundancy or be entitled to 12 weeks continuous work.

They will also more than likely have a short time clause within the contract. basically as long as earnings don’t drop below half the normal average and the company believes the reason to be a temporary reason - they can cut the hours for just about as long as they like - or if less than half pay then for 6 weeks out of 13 weeks.

Basically lay off is a cruel bit of legislation and definitly on the employers side.