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Dove
Beginner

Statutory Guarantee pay - anyone familiar with this?

Dove, 23 September, 2009 at 19:48 Posted on Off Topic Posts 0 5

H has been put on Statutory Guarantee pay for the first 5 days in a 13 week period as the company he works for has no new contracts to offer him, He hasn't had his contract of employment broken or been made redundant but we don't know how long he may not be working. The letter his firm sent out says that he may be entitled to JSA in the mean time.

Has anyone else been in the same position or know more about it?

5 replies

Latest activity by Dove, 1 October, 2009 at 23:01
  • Roobarb
    Beginner January 2007
    Roobarb ·
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    Hiya

    Yes the guarantee day pay is paid for the first 5 days of being put on short time (ie less than 50% of wages) or laid off (which it sounds like is what happened to your H) and is the princely sum of £21.50 a day.

    Not sure about claiming entitlement to benefits, sorry, but if the lay off/short time situation persists for either 4 consecutive weeks or 6 weeks in any 13 week period he will have the right to resign and claim redundancy if he wishes:

    https://www.gov.uk/lay-offs-short-timeworking/applying-for-redundancy-

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  • Dove
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    Dove ·
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    Thanks for that, didn't realise about the redundancy claim. H was thinking it was the company's crafty way of getting out of redundancy pay by laying off and hoping people would leave under their own steam. We'll see what next week brings, hopefully their is work in the pipeline. Timing is crap though, I'm on mat. leave and baby is still in SCBU.

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    Well he may well have a point - the claiming redundancy thing isn't that straightforward, as I am sure you can see from the link and a lot of people might not know about it.

    What rotten timing, you poor things ? hope something works out for him and more importantly that your baby is home soon ?

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  • Dove
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    Dove ·
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    Thanks, baby was discharged from SCBU on Monday (at the grand weight of 3lb 10oz). H visited the Job Centre and has now put in a JSA claim. He's a bit miffed though as he has discovered more recent employees haven't been laid off and thinks he has been singled out as he was on paternity leave. Finances aren't too tight though and certainly this week being at home benefits us.

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  • Roobarb
    Beginner January 2007
    Roobarb ·
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    Really? Wow. It's unlawful to discriminate against someone for exercising a statutory right eg taking pat leave. Have the others who haven't been laid off got less than a year's service? It may be worth him making a wee call to ACAS.

    And good news about the baby ?

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  • Dove
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    Dove ·
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    H says he knows blokes that have been working for the company just over 12 months, H has been there 4 years. Company is an electrical contractors and the site H was on has now come to an end so that could be their reasoning, the other contracts are still running.

    Thanks for your advice though, it's worth bearing in mind.

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