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.
PLEASE NOTE that a Deed of Variation is required in order to make changes to an Employment Contract. For a Deed of Variation please see Deed of Variation.
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.
Short-time Working Documents - Employer Pack includes letters dealing with:
Notifying an Employee of a Short Time working period;
Making change to Employment Contracts to allow for Short Time working;
Ending a Short Time working period; and
Serving a counter notice on the Employee upon receiving Employee's notice to claim redundancy.