Boss shutting shop for 2+ weeks

Dalmations

Because of this virus, trade at the shop where I work has dropped hugely.
My boss wants to close up for 2 or 3 weeks (may be longer) and is telling us all that whilst closed they won't be paying us as we aren't working (and we can't take it as holiday pay).
I do have a contract that stipulates contracted hours and pay and entitlements.
I do understand that business is going through a terribly bad time and will get worse but I also have to be able to buy food etc.
Can anyone tell me the legal standing for this and our 'rights'?
TIA
Andy

Undervalued

Unless there is a lay off clause in your contract you are entitled to be paid.
He could insist you use your holiday (subject to the legal minimum notice to do so) but equally he can refuse holiday requests but that doesn't mean he can avoid paying you.

If you have been employed for less than two years he could of course dismiss you, just by giving one week's notice (unless your contract specifies more).

This is one of those situations where you need to think carefully before standing on the absolute letter of your rights. There may not be a business to come back to and you only entitlement would be to statutory redundancy which you might have to gclaim from the government redundancy protection service.

General_Grant

Undervalued said:

Unless there is a lay off clause in your contract you are entitled to be paid.
He could insist you use your holiday (subject to the legal minimum notice to do so) but equally he can refuse holiday requests but that doesn't mean he can avoid paying you.

If you have been employed for less than two years he could of course dismiss you, just by giving one week's notice (unless your contract specifies more).

This is one of those situations where you need to think carefully before standing on the absolute letter of your rights. There may not be a business to come back to and you only entitlement would be to statutory redundancy which you might have to gclaim from the government redundancy protection service.

Statutory redundancy does require two years' employment at the time of actual termination of employment.

Undervalued

General_Grant said:

Undervalued said:

Unless there is a lay off clause in your contract you are entitled to be paid.
He could insist you use your holiday (subject to the legal minimum notice to do so) but equally he can refuse holiday requests but that doesn't mean he can avoid paying you.

If you have been employed for less than two years he could of course dismiss you, just by giving one week's notice (unless your contract specifies more).

This is one of those situations where you need to think carefully before standing on the absolute letter of your rights. There may not be a business to come back to and you only entitlement would be to statutory redundancy which you might have to gclaim from the government redundancy protection service.

Statutory redundancy does require two years' employment at the time of actual termination of employment.

Indeed. I thought that was clear from the previous paragraph that will less than two years the OP could simply be dismissed, but on re-reading it I agree it could have been better phrased.

Savvy_Sue

Just realising that my contract was revised a year or two ago and a layoff clause introduced for the first time, on advice from HR company. Honestly never thought it would come into play, but now ... 

suki1964

Living in NI we are seeing different things happening across the board

I have friends in Eire who have been "sacked" so they can go straight in and sign on. If the business they work for survives the closures , they know their jobs are going to be given back to them. The sackings are just happening so the dole can be claimed

My last employer is putting ZHC staff on retention - paying them £20 a day till the business picks up again

Where I work now, hes still not decided but it sounds as if all ZHC staff will be let go this week and remaining staff will be only getting contacted hours. If our contracted hours can not be justified, we can use up to two weeks holiday pay in advance. If the downturn goes on longer then 2 or 3 months and staff are not willing to take a cut in hours, then there will be staff let go

Its tough and its going to get a hell of a lot tougher. We in work are working together as a team to ensure the business survives so we have jobs moving forwards. A lot, a hell of a lot of small independents are not going to survive this

Xbigman

Working in a supermarkets warehouse I have the opposite problem.
All holidays provisionally cancelled, phone in to see if you can have them 2 days before they should start.
Shift times and days off might change at no notice.
All flexible working agreements under review with cancellation at no notice a possibility.
Flexible shift lengths (negotiated away years ago) might come back.
Xmas compulsory overtime clause in contract being activated now.
Various questions regarding WTD and childcare needs brushed off with the words 'needs of the business'.
This has kicked off in the last few days. Warehouse management are looking more than a little worried.
X


 

suki1964

Xbigman said:

Working in a supermarkets warehouse I have the opposite problem.
All holidays provisionally cancelled, phone in to see if you can have them 2 days before they should start.
Shift times and days off might change at no notice.
All flexible working agreements under review with cancellation at no notice a possibility.
Flexible shift lengths (negotiated away years ago) might come back.
Xmas compulsory overtime clause in contract being activated now.
Various questions regarding WTD and childcare needs brushed off with the words 'needs of the business'.
This has kicked off in the last few days. Warehouse management are looking more than a little worried.
X


 

A fiend who is a lorry driver was telling me today that a certain retailer usually brings in 55000 cases a day, around 150000 Christmas and is up to 175000 at this moment

Very worrying times indeed and I guess us employees just have to roll with it

Dox

suki1964 said:

Living in NI we are seeing different things happening across the board

I have friends in Eire who have been "sacked" so they can go straight in and sign on. If the business they work for survives the closures , they know their jobs are going to be given back to them. The sackings are just happening so the dole can be claimed

Problem (for the employer) with doing that is the employer may have to pay redundancy where staff have long enough service to qualify - and with businesses in dire straits, that may be the final straw.