Abercrombie v AGA Rangemaster Ltd  EWCA Civ 1148;  IRLR 953; (2014) EMPLR 046
Court of Appeal (Civil Divison)
The Chancellor of the HC, Kitchin and Underhill LJJ
The agreement of employees to accept reduced working to cope with poor trading conditions does not prevent them from claiming guaranteed pay under s 28 of the Employment Rights Act 1996 for any days they do not work as a result of that agreement.
Hourly paid employees had a contractual working week of 39 hours. Due to poor trading conditions, the employer reached a temporary agreement with the recognised trade union to reduce hours so that employees would only work Monday to Thursday.
A and others claimed they were entitled to guaranteed pay under s 28 of the 1996 Act. Section 28(1) provides:
The Court of Appeal held that, although the employees had agreed a temporary variation to the contract, their contract still normally required them to work on Fridays. The conditions in s 28 were therefore satisfied and the employees were entitled to guaranteed pay.
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