The Guarantee Payments (Exemption) (No. 28)Order 1990

• Citation: S.I. 1990/2330
• Sections: 12

Section 1 Citation and commencement

This Order may be cited as the Guarantee Payments (Exemption) (No. 28) Order 1990 and shall come into force on 27th December 1990.

Section 2 Exemption

Section 12 of the Act shall not apply to any employee to whom the collective agreement relates.

Section 1

The Employer:

Bridon Ropes Limited.

Section 2

Representing Employees:

The Transport and General Workers Union.

The General Municipal and Boilermakers Union.

The Wire Workers Union.

Section 1 The scope of the agreement

This agreement covers employees who:

(1.1) are covered by the production and ancillary workers negotiating agreements,

(1.2) normally work 16 hours per week or more,

(1.3) normally work less than 16 hours per week, providing that they have been continuously employed (as defined in the Employment Protection (Consolidation) Act 1978) by their employer for at least eight hours a week for at least 5 years,

(1.4) have been continuously employed by Bridon Ropes Limited for not less than 4 weeks.

Section 2 The guaranteed week

All such full-time employees shall be guaranteed employment for 5 days in each normal week (subject to the conditions described in paras 4 and 5 below); all such employees who normally work less than 39 hours per week shall be guaranteed employment for a reduced period commensurate with their normal working week. This period shall be referred to, in this agreement, as the guaranteed week.

Section 3 The guaranteed week

In the event of work not being available for the whole, or part of the 5 days, full time employees covered by this agreement will be assured earnings, under the guaranteed week, equivalent to their basic rate, local supplements and production bonus for a standard week of 39 hours (subject to the conditions in para 5 below). The assured earnings of employees who normally work less than 39 hours per week will be reduced on a pro-rate basis.

Section 4 Conditions of payment

Guarantee payments under the guaranteed week are subject to the following conditions:

(4.1) That the employees are, during the period of the guarantee, capable of, available for, and willing to perform satisfactorily the work associated with their usual occupation, or reasonable alternative work where their usual work is not available.

(4.2) In the event of dislocation of production within Bridon Ropes Limited or an associated employer (see note) as a result of an industrial dispute the guarantee shall be automatically suspended for the period of the dispute.

(4.3) In calculating the rate payable under the guaranteed week all overtime premiums shall be ignored.

(4.4) Local agreement may be reached to use holidays to delay the commencement of the guaranteed week arrangements.

(4.5) Payments made under the terms of this agreement can only be made in respect of a complete working day lost.

Section 5 Short-time working arrangements

Where by agreement with the signatory unions, approved short time is worked as an alternative to redundancy the guaranteed week shall be reduced in the same proportion as the agreed reduction in the normal working week (subject to the conditions in paras 5.2.1.–5.2.2. below). These arrangements will apply where, due to such factors as a reduction in demand, an employer, as an alternative to discharging a number of his workers, spreads the available work over the existing labour force by means of a reduced working week. This shall be referred to in this agreement as the short-time working arrangements.

(5.1) The short-time working arrangements are not to be regarded as covering a temporary cut in hours due to such eventualities as fire or a flood. Where short-time working has to be resorted to for reasons such as these the full guarantee would operate.

(5.2) The short-time working arrangements will not limit or reduce in any way the right of an employee covered by this agreement to receive a guarantee payment from the employer:

(5.2.1) at a rate per day which is not less than that which would have been payable had the statutory guarantee pay provisions applied (section 15(1) of the Employment Protection (Consolidation) Act 1978 refers);

(5.2.2) for a number of days not less than that provided for under the statutory scheme, which is at present 5 days in any 3 month period.

Section 6 Resolution of disputes over the application of the terms of this agreement

An employee may present a complaint to an industrial tribunal that the Company has failed to pay the whole or any part of a payment due under the terms of this agreement to which the employee is entitled.

Section 7 Cancellation

This agreement may be terminated by either party on giving no less than 3 months notice, in writing, to the other party. In the event of a threat to the continuation of the Company, or a national emergency, the notice period will be reduced to one week.

(7.1) Where either or both parties gives notice to terminate the agreement, they undertake immediately to notify the Department of Employment.

(7.2) On the day on which termination of the agreement by either or both parties takes effect, the statutory provisions relating to guarantee payments, contained in sections 12 to 17 of the Employment Protection (Consolidation) Act 1978 will once again apply.

Section 8 Withdrawal from relevant parts of Wire and Wire Rope Industries Collective Agreements

With effect from 24 May 1990 Bridon Ropes Limited ceased to be a member of the Wire and Wire Rope Employers Association and therefore, with effect from that date, the parties to this agreement were no longer parties to those parts of the National Agreements for the Wire and Wire Rope Industries to which Schedule 2 to the Guarantee Payments (Exemption) (No. 23) Order 1987 relates.