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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Our salon is being refurbished and they may have to close the

Resolved Question:

Our salon is being refurbished and they may have to close the shop for a day or two. Should we still get paid for it?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does your contract guarantee you a number of hours per week and does it say the employer can place you on unpaid leave?
Customer: replied 2 years ago.

It doesn't say anything about that. I work 9 until 6 Tuesday to Thursday. 9 until 7 Friday these days I get 45 minutes lunch break then Saturday 9 until half 4 with no lunch break

Expert:  Ben Jones replied 2 years ago.
Apologies for not getting back to you sooner, I experienced some temporary connection issues and could not get back on the site until now. All appears to be resolved now so I can continue dealing with your query.
Your rights to get paid during closure of the salon would depend on a couple of things – are you contracted to do specific hours at work and if so, do you have a contract which says the employer can place you on unpaid leave.
The first thing is to determine if you have guaranteed hours of work. The starting point is your contract – are your hours stated on there? If they are then the most likely position is that you are contracted to these hours and they are guaranteed. However, if you worked on a zero hours contract or had no guaranteed days or hours of work then raising such an argument would be more difficult and you may not have a strong case to ask to be paid for the time off. However, if your hours are stated then you can request to be paid as you are contractually entitled to receive pay even if you are not at work because of something that is not your fault.
The second thing is to check if the contract says you can be sent off work on unpaid leave but you have confirmed that this is not contained in the terms so this is not an issue and the employer cannot rely on that not to pay you.
If they refuse to pay you when you are entitled to be paid then you can treat this as unlawful deduction of wages and can take the matter further if needed, such as by making a claim at an employment tribunal.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
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