3-day week advice please

jenie_2

Hello all, can anyone tell me if there is a legal length of time for working a 3 day week ?
My son was put on short time 13 weeks ago by his employer. What I am trying to say is could the employer keep him on 3 days for as long as he likes, or does he have to legally offer redundancy or put him back on full time work ?



Thanks in advance.

zebusi

hi,

last feb we were put on a 3 day week for 13 weeks, amendment to contract was only hrs work/pay was affected, holidays remained the same, this then went up to a 4 day week again for a 13 week period and this was extended again twice - the alternative had we not agreed was redundancy and possibly then making it not viable to run the company. For the first 5 weeks of every 13 week period we did recieve £20 a day government payment - so paid for 4 days instead of 5 for 13 weeks, plus gov't help of 5 x £20, a small help but the employers should know about this and be able to access it - this was added to our wage, we didn't have to do anything. i think if it continues for any length of time and you secure additional employment then you can bring a claim for constructive dismissal but have no experience of this so unsure of the length of time that would be considered and if it would be successful. Some people got additional tax credits etc, lower childcare costs etc and some worked part time delivereing pizzas/bar work, everyone cut back on luxury goods, goind out, holidays etc - back to full time now though after a year so pleased about that and everyone managed - hope this helps

zebusi

sorry - got the figure wrong

taken from ebslaw . co. uk

employees have the right to a minimum level of "fall back" pay in respect of any normal working day for which the employer provides no work, such a lay-offs and short time working. This fall back pay is called a "guarantee payment". The rate is £21.50 per day. The normal maximum level of guarantee works out at £107.50 in any 3-month period as it is restricted to pay for 5 days in any three months. e is £21.50 per day. The normal maximum level of guarantee works out at £107.50 in any 3-month period as it is restricted to pay for 5 days in any three months

zebusi

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_177591

jenie_2

Thankyou very much zebusi, my son hasn't been paid the guarantee payment at all, and hasn't been told about it either by his employer. We are going to look further into this, will let you know how we get on. Thanks again, Jenie.

zebusi

no problem - hope you can get some further help, it's been a rough couple of years for people and although they say we're out of recession i don't beleive it, it all depends on the industry, there are still companies I deal with on short time and will be for some time.

zebusi

meant to ask - has the employer not amended his contract, we got written amendments with new hours - terms etc detailing the specific period of time it covered, this was extended a few times but always after many meetings with staff, i think if they're not been very open and honest with employees then it's very bad for morale and not good practice as i would assume they would want to retain staff for when the work picks up

jenie_2

Hi again, my son hasn't even got an original written contract, let alone had it amended. Its just a small business with 4 employees, 2 of whom are on a 3-day week. The boss is being very vague about things, he hasn't told my son and his workmate how long they are going to be on 3 days or anything about the guarantee payment. My hubby was made redundant 3 yrs ago (now working again) and he seems to think that employees can only be on a short working week for 13 weeks, after which the employer has to either put them back on fulltime work or offer redundancy, but we aren't sure if this is correct.
Naturally, my son says he would rather be on a 3 day week than be made redundant and doesn't want to rock the boat so to speak, but I am just trying to find out his rights as an employee.
I totally agree with you regarding the recession, I don't think we are out of it either.

getmore4less

Was it made clear at interview job offer that the company would want the right to lay off?

If the job was 5 days XX hours then that what he should get paid even if no work. Pointing this out tothe employer ma have no effect though

How long has he worked there?
Might not be worth holding out for redundancy just get another job and resign.

The rules for claiming redundancy during layoff
http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10037790

3 days is probably more than 1/2 pay so does not qualify for redundancy.

Should make a clam for the guarantee payment

jenie_2

Hi gm4l, not too sure about your first question, i'll ask him tonight when he gets in. He has worked there for 4 yrs. They are both going to C.A.B tomorrow for further advice, and we will certainly look into the guarantee payment.

getmore4less

Employer cannot lay off people without pay unless contractual or the employee agrees.