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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 64816
Experience:  Qualified Employment Solicitor
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In january i resigned my job giving 6 months notice

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In january i resigned my job giving 6 months notice (subsequently accepted by my employer). they are now talking of invoking the unpaid layoff clause in my contract. are they entitled to do so or am i protected from this given that i am working my notice?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee (director) no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: thats it thanks

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you worked for this employer?

Customer: replied 9 days ago.
8 months

Can you please upload the clause in question?

Customer: replied 9 days ago.
gov.uk states i am entitled to full pay even if temporarily laid off https://www.gov.uk/handing-in-your-notice/payment-during-your-notice-period

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Ben Jones and 5 other Employment Law Specialists are ready to help you
Customer: replied 9 days ago.
8. REDUCTIONS IN NORMAL HOURS OF WORK
8.1 The company reserves the right to lay you off without pay or make reductions in your normal hours of work and to reduce your pay proportionately if in the view of the Company this should become necessary

8.2 You will be given as much notice of lay off or reduction in normal hours as the Company reasonably can give

Thank you. The notice period is no different to any other period of employment – you are still employed by them and still under the contract of employment you have in place. Therefore, if they have a lay off clause, which they do, they can invoke that and place you on unpaid leave (subject tor the minimum guarantee pay allowed by law) for all or part of the notice period.

Customer: replied 9 days ago.
not the answer i wanted :), but thanks anyway

I appreciate that. All the best