Hello, sorry I was offline by the time you had replied. The clauses you mentioned are to do with the termination of your employment. I was looking for clauses relating to lay off, which is when an employer does not terminate your employment but temporarily stops offering you work and does not pay you as a result.
As far as the law is concerned, as an alternative to dismissal (most commonly because of redundancy), an employer may wish to deal with an unexpected downturn in business by laying off employees (asking them not to come into work) or putting them on short-time working (reducing their working hours/days). The legal definitions of the two options are:
· Laid off - if an employee has been told to go home for at least one full working day.
· Placed on short-time working - if an employee's pay for the week is less than half a normal week's pay.
It is only possible to lay off employees or put them on short-time working when an express or implied contractual right to do so exists. If such a right does not exist the employer will be acting in breach of contract and that could entitle the employee to resign and claim constructive dismissal (subject to having at least 2 years’ service).
So if you have more than 2 years’ service and there is no lay off clause in the contract you can potentially resign and claim constructive dismissal. If you do not have the required service, you cannot claim constructive dismissal but you can claim for breach of contract to cover the hours you were contracted to work but were not paid for.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to take if you wanted to pursue the matter further, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you