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Updating author: Marc Meryon

On this page:
Summary
Future developments
Action point checklist
Key references
Questions and answers
Cautionary note
Right to a guarantee payment
Qualifying conditions
Limits on amount of and entitlement to a guarantee payment
Contractual remuneration
Complaints to employment tribunals
Dismissal for asserting a statutory right

Summary

3.311

  • Employers that are unable to provide their employees with work - throughout a day during any part of which those employees would normally be required to work - must pay each of those employees a guarantee payment in respect of that 'workless day' (subject to a maximum of five workless days in any three-month period). (See 3.313 Cautionary note and 3.314 Right to a guarantee payment)
  • However, the duty to pay guarantee payments in respect of a workless day does not arise if the employer's failure to provide work on that day is directly or indirectly attributable to a strike or other form of industrial action involving the employer's own employees or those employed by any associated employer.
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