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my partner is a PAYE employee for a contruction company for…

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my partner is a PAYE...
my partner is a PAYE employee for a contruction company for 9 years. He has just gone into work today to be told their is no work on any of the sites for him at present and he is to take garden leave at £20 per day. They say they hope to win another contract soon but cannot say when he will be next needed, he was told could be 3 days or 3 weeks. where does he stand when the company have other staff members who are either self employed or agency workers. Can they do this?
Submitted: 7 years ago.Category: UK Employment Law
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10/5/2010
Solicitor: Ben Jones, UK Lawyer replied 7 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,196
Experience: Qualified Employment Solicitor
Verified

Hi

 

Is there a clause in his contract that says he could be laid off?

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Customer reply replied 7 years ago

Hi

This am not sure of as we cannot find his contract and partner sure if he has one? sorry typical man.

 

Solicitor: Ben Jones, UK Lawyer replied 7 years ago

ok, not to worry. He has basically been laid off work - that does not mean he has been dismissed or made redundant but that he has temporarily been told there is no work. If that is not allowed under his contract (he can try and request a copy from his employer if one was ever issued) then that would amount to breach of contract and he can consider whether to resign and claim constructive dismissal.

 

Alternatively he can follow the rules of being laid off, which could result in him c;aiming redundancy. Instead of paraphrasing them I will direct you to the government's site which has further advice on the subject:

 

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10026693

 

Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks

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Customer reply replied 7 years ago

Can they lay him off temporary as a PAYE empolyee over other staff members who are paid more as are through agencies or self employed members. I thought he had more rights over them as a PAYE staff member. This company have several jobs on going so i thought they had to find him work where possible within the company. They have not said they have laid hin off just on garden leave - and should he not get full pay while on this leave?

 

Solicitor: Ben Jones, UK Lawyer replied 7 years ago
There is no automatic preference but he can certainly use that as evidence if this gets any further. As for garden leave then that is something that happens when an employee is given notice of dismissal - have they actually told him they are dismissing him?
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Customer reply replied 7 years ago
NO. they just said they were putting him on garden leave until something came up - but at £20 per day. My understanding of garden leave was full pay while you worked notice or while their was a grievance process and the you don't want the member of staff in practice.
Solicitor: Ben Jones, UK Lawyer replied 7 years ago

You are nearly correct - garden leave is when an employee is given notice of termination of their employment and they are asked not to come in during that time. So to be on garden leave he would need to have been given notice to have his job terminated.

 

The other is suspension on full pay (when a disciplinary matter is ongoing).

 

But what you have described is called a lay off and my earlier advice would apply.

Ben Jones
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