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What’s The Difference Between Lay Off & Short Time Working?

What is meant by lay-off & short time working?

Lay Off & Short Time WorkingThere may be occasions when as an employer you find there is not sufficient work for your employees to complete a full week at work as per their contractual hours. There could be many reasons for this, the issue is how to manage this lay off or short time requirement.

I have a delay in processing a customer order, can I send my staff home?

The starting point as with most employment issues is the contract, have you provided for the right to lay your employees off or implement short time working, if not and you enforce it then this will amount to a unilateral variation & without an employee’s consent place you in breach of contract and the business at risk. The potential claims are, breach of contract, unlawful deduction of wages or potentially constructive unfair dismissal.

Ensure that guarantee payments are made to affected employees and that if this situation continues for longer than expected you may need to review it and consider a redundancy exercise.

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