The Guarantee Payments (Exemption) (No. 27) Order 1990

• Citation: S.I. 1990/927
• Sections: 10

Section 1 Citation and commencement

This Order may be cited as the Guarantee Payments (Exemption) (No. 27) Order 1990 and shall come into force on 21st May 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: G. & G. Kynoch plc.

Section 2

Representing employees: The Transport and General Workers' Union.

Section 1

The agreement will apply to individuals, with reference to each employee’s pattern of work.

Section 2

Lay-off will only be paid in respect of a complete working day lost. It will not be paid in respect of a day in which some work is provided. The Company endeavour to provide a minimum of 4 hours' work on any shift the employee is requested to work.

Section 3

A day is defined as the period of 24 hours from midnight to midnight. A shift straddling midnight will be treated as falling wholly on the second day if more hours are worked on the second day, and vice versa.

Section 4

An employee is not entitled to a guaranteed payment in respect of a workless day, when it is in consequence of a trade dispute involving an employee of his employer. Nor is he entitled to a guaranteed payment if he unreasonably refuses alternative employment for that day, which is suitable in all circumstances, whether or not it is work which the employee is, under his contract, employed to perform.

Section 5

The following categories of employee are not eligible:–

(i) Anyone with less than one month’s continuous service on the first day of lay-off.

(ii) Employees employed for a fixed term of three months or less.

Section 6

The Company will endeavour, should this agreement be required to be used, to implement a shorter working week, i.e. 4 day or 3 day working, before a complete week’s shutdown, if circumstances permit.

Employees who do not receive lay-off pay to which they consider they are entitled can appeal using the Company’s normal grievance procedure, within three months of the day or week in question. However, should there be a “failure to agree” registered after this procedure the employee has the right to arbitration or adjudication by an independent referee or body. This may be done by presenting an appeal to an industrial tribunal that the employer has failed to pay the whole or part of any guaranteed remuneration. No employee will receive less favourable terms of payment under this agreement than he/she would have received under the Government’s guaranteed payment scheme.