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10 October 2012
Employment Appeal Tribunal (EAT)
If an employee is not required to work on a day they would normally work, and the reason for that is a reduced need for that work or an occurrence affecting the normal working of the employer's business, then the employee is entitled to a statutory ‘guarantee payment' (currently £23.50 per day for 5 days in any 3 month period). But if the hours of work are changed by agreement because of a reduction in work, then any days not worked because of that agreement do not attract the guarantee payments. That is because those days not worked are not days that they would normally work: their normal working days have been changed by agreement.
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