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Category: UK Employment Law
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Experience:  LLB (Hons), LPC
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Last week due to the snow, the golf club I work within, closed

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Last week due to the snow, the golf club I work within, closed for the day for safety reasons. I am employed by a catering franchise who are paid a management fee by the golf club. I received a text message from my manager telling me the clubhouse was shut, so no work. She has told me I need to take holiday, lieu-time or make up the hours. I believe in these circumstances as I was willing & able to get to work but was instructed not to, that I am entitled to full pay. My employer says I'm not entitled to be paid as I didn't work & as the business was shut & she didn't take any money, where do I think the money to pay me is coming from! She says she has spoken to the HR company she uses & they have told her I am not entitled to be paid. Please can you tell me who is correct? What is my legal position? Am I entitled to be paid? Many thanks Karen
Submitted: 1 year ago.
Category: UK Employment Law
Expert:  Jenny McKenzie replied 1 year ago.
Hello and welcome to Just Answer,

Unless your contract of employment specifically states that you will not be paid in event of closure for any reason then you are entitled to pay if you were available to work and the place of work was shut.

The employer cannot force holiday on you at short notice as under the Working Time Regulations they are legally obliged to give double the notice of the amount of time that they require you to take.

A failure to pay you amounts to an unlawful deduction from wages. You can submit a grievance on that basis to your employer. If they still fail to pay you can bring a claim in the Employment Tribunal using the form you will find at www.employmenttribunals.gov.uk

Please remember to give a positive rating. I will be happy to answer your follow on questions.
Expert:  joannem1965 replied 1 year ago.
Hi there are you an employee or are you employed in any other capacity like self employed? Whose your employer - the golf club or the franchise?
Customer: replied 1 year ago.

I am an employee of the catering franchise


 

Expert:  joannem1965 replied 1 year ago.
What's in your contract about this does it say anything about your employers being able to remove you from work like that or does it say they can only pay you if they've been paid by the club?
Customer: replied 1 year ago.

My employers receive the management fee annually from the golf club, so they have already been paid!


 


I have just got my contract out & there is a section called lay off/guarantee pay. Which states "The Company reserves the right to put you on short time or lay you off work when for extraordinary operational or other reasons there is no work available for you to carry out eg fire. Your salary during periods of short time working & lay off will be at the companies discretion but will not be less than the statutory minimum guarantee pay"


 


I am not paid a salary I am paid hourly.


 


I guess this section means that I am not entitled to my normal pay?


 


 


 

Expert:  joannem1965 replied 1 year ago.
yes unfortunately if your contract has this clause it'll mean they can lay you off without pay. one day of lay off isn't going t give you many rights in claiming redundancy so it'll just mean you'll have to accept it but you're still capable of asking for guarantee pay: https://www.gov.uk/lay-offs-short-timeworking/guarantee-pay
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