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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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Our clients sandwich bar has been closed by health and safety

Resolved Question:

Our client's sandwich bar has been closed by health and safety enforcement officers and the client is asking me if he is legally bound to pay his employees for the time that his establishment has been closed. Is he? I assume yes.
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.
tdlawyer :

Hi thanks for your question. My name is***** can assist with this.

tdlawyer :

This will depend on their contracts of employment. If they're paid a fixed salary, the unless the contract entitles no payment to be made when they're required to stay away from the business (and lets face it, it's unlikely this scenario was envisaged and addressed in the contract), then yes, the obligation to make payment would remain.

tdlawyer :

If they worked on an hourly rate basis, then of course, no payment would be required if they were not present and working.

Customer:

Our client has not provided written contracts of employment to his employees, but has paid the same employees on a 'net to gross' basis the same amount on a regular basis, so I believe that he has an obligation to make payment.

tdlawyer :

Okay, so you're saying this is a regular "salary" payment really?

Customer:

yes

tdlawyer :

As such, I would probably agree with your understanding, that payment is likely to continues to be due, even for the sitting at home period.

Customer:

Perfect, I shall convey this to our client and thank you for your response.

tdlawyer :

Thank you!

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