What is a short-time working clause?
Short-time working occurs when an employee’s hours and pay are reduced proportionately. Both of these options provide a way for an employer to reduce their wage bill whilst still retaining employees. These options provide a temporary solution to the issue of a business having less work for employees to do.
How long can I be put on short-time working?
Time limits There’s no limit for how long an employee can be laid off or put on short-time working.
Can I put my employees on short-time?
Your employer can only lay you off or put you on short-time working if your contract specifically says they can. If it’s not mentioned in your contract, they can’t do it. Your contract can be written, a verbal agreement or what normally happens in your company. It might also be called your ‘terms and conditions’.
What is a layoff clause?
A lay off clause is a section of an employment contract that allows you to lay off staff when necessary.
How long can you be laid-off for?
There is no upper limit for how long you can be laid-off or put on short-time. You may be able to claim redundancy pay if you are laid-off without pay or put on short-time for either: four consecutive weeks. six weeks within a 13 week period.
Can my employer force me to take unpaid time off?
Yes, your boss can force you to take time off unpaid if you are an at-will employee. This can go by many names, including: Temporary layoff. Unpaid time off.
Can I be sacked if I am on furlough?
Can an employee be fired while on furlough? Yes, if there is a strong business reason for doing so. However, an employer must follow the correct procedure otherwise it may amount to unfair dismissal.
Can my employer force me to take a day off without pay?
Can I sue my employer for laying me off?
If your employer is supposed to abide by WARN laws and doesn’t give you the required 60-day notice of a plant closing or mass layoff, then you may be able to sue your employer for laying you off. You may also have the same rights if you have an oral or implied contract with your employer.
Is a layoff clause legal?
If an individual’s contract of employment has an express clause regarding lay off or short-time working (LOSTW), the employer may invoke these clauses and they will not be in breach of contract if they cut pay or hours.
Are lay off clauses common?
A lay-off and short-time working clause would not normally be included in a contract ‘as standard’ although they may be more common in certain industries. If there is insufficient work and an employee is sent home, they should be paid in full if there is not an express contractual right to lay them off.