The fact than an employee worked for six weeks during a three-month guarantee pay period did not mean that the start of the next guarantee pay period was postponed by six weeks, holds the EAT in Jones v Squire's Garage & Road Transport Ltd.
Employees who have been laid off or on short time for certain specified periods may claim redundancy payments provided they follow complex notification procedures. In Kenneth MacRae & Co Ltd v Dawson the EAT holds that the procedures must be followed, and only in unusual circumstances will an employee be able to claim constructive dismissal because the period of lay off is unreasonable.
In Cartwright v G Clancey Ltd  IRLR 355 EAT, the EAT held that the Industrial Tribunal had correctly held that, since the appellant had already received remuneration from his employer in respect of five workless days, he was not entitled to statutory guarantee payments for a further four workless days in the relevant three-month period.
In Miller and ors v Harry Thornton (Lollies) Ltd  IRLR 430 IT, the Industrial Tribunal held that an employer cannot avoid liability for a guarantee payment in respect a workless day by offering to let an employee make up for lost time on a different day or days.
In (1) M North and others v Pavleigh Ltd (2) D Skeet and others v Carr Mills Clothing Co Ltd  IRLR 461 IT, the Industrial Tribunal held that an employer's closure of a workplace in order to observe a Jewish holiday is not an occurrence "affecting the normal working of the employer's business".
In IS Purdy the Willowbrook International Ltd  IRLR 388 IT, the Industrial Tribunal held that suitable alternative work need not be work which the employee is employed to do under his or her contract.
In Meadows v Faithful Overalls Ltd, the Industrial Tribunal holds that it was reasonable for the company to ask employees to wait at the factory until oil for the central heating system arrived.
HR and legal information and guidance relating to lay-offs and short-time working.