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Lay-off and short-time working contract clause

Clayre Patricia

Hi,

Can anyone help by sharing/ providing the wording of Layoff and Short Term Working Clause that they have within their contract of employment.

We need to add this to our current contract but we need some guidance on what is the best wording given current circumstances.  We are a tiny company (5 employees) so do not have access to HR Inform, so any help from by CIPD buddies would be very welcome.

Many thanks in advance.

Clayre 

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  • Sound advice from Sam.
    Remember also that if the layout is prologed, staff can claim that they are redundant.
    This means 4 successive weeks or 6 weeks in a 13 week period.
  • in reply to Ray
    You may also wish to include wording on the employer's contractual ability to reduce hours of work in this clause. Technically this would need to be more hours of work than short time working which is less than 50% of normal hours but less than 100% of normal hours. This avoids a potential redundancy claim although there are also other ways that an employer can avoid redundancy by offering some work with the other two methods. Both lay off and short time working attract a possible redundancy application after 4 consecutive weeks or 6 non-consecutive weeks but as the employee needs to resign to receive this, there can be a large cost saving for the employer as the notice is the employee's, not the employer's.
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  • in reply to Ray
    You may also wish to include wording on the employer's contractual ability to reduce hours of work in this clause. Technically this would need to be more hours of work than short time working which is less than 50% of normal hours but less than 100% of normal hours. This avoids a potential redundancy claim although there are also other ways that an employer can avoid redundancy by offering some work with the other two methods. Both lay off and short time working attract a possible redundancy application after 4 consecutive weeks or 6 non-consecutive weeks but as the employee needs to resign to receive this, there can be a large cost saving for the employer as the notice is the employee's, not the employer's.
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