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'Guarantee' payments must be made to
employees with at least one month's
service, when they could normally expect
to work but no work is available.
Periods when employees are laid off
because there is no work available must
be agreed in advance to avoid the
employer being in breach of contract.
An employee is entitled to a maximum
payment of £15.35 per day for up to 5
days in any period of 3 months where
they are laid off. Therefore, the annual
maximum is currently £307.
An employee may raise a complaint with
an employment tribunal if his or her
employer fails to pay the whole or part
of a guarantee payment to which he or
she is entitled. The employment tribunal
can award compensation equal to the
amount of guarantee payment which it
finds due to the employee.
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The Interactive
Law Group