The Guarantee Payments (Exemption) (No. 9) Order 1977

7.  The guarantees prescribed in Clause 4 shall not apply:

(a) in respect of all time lost by the employee on his own responsibility, through sickness or any other cause, and the week under the guarantee shall be reduced correspondingly.

(b) in the event of a breakdown of machinery, fire, flood, or stoppage of fuel or power supply, affecting the whole of a department, or more, the week under the guarantee shall be reduced correspondingly in respect of each employee affected by such occurrence.

(c) at holiday times and stocktaking, at which times the days of holiday or stocktaking exempt from the guarantee shall not exceed:

		Days paid under the Holidays with Pay Agreement
Easter	3 working days	Good Friday, Easter Monday and Easter Tuesday, or Easter Monday, Easter Tuesday and Easter Wednesday.
Spring Bank Holiday (or alternative)	2 working days	Spring Bank Holiday Monday and Tuesday.
Late Summer Bank Holiday (or alternative)	1 working day	Late Summer Bank Holiday (or alternative).
Annual Holiday	15 working days	3 working weeks.
Christmas	3 working days	Christmas Eve, Christmas Day and Boxing Day when any of these fall on working days of the week.
New Year's Day	1 working day	New Year's Day, when this falls on a working day of the week.

(NOTE: When Christmas Eve, Christmas Day, Boxing Day or New Year's Day do not fall on working days of the week, they are not reckoned within the 3 days, or 1 day as the case may be, but are still required to be paid for under the Holidays with Pay Agreement.)

Stocktaking

2 working days

provided that

(i) one additional day may be added at the instance of the employer to the above mentioned number of days at any holiday period by agreement between the employer and his employees, and to ascertain the views of the employees, a ballot shall be taken of either the whole factory, if it is intended to close the whole factory, or of the individual departments affected. In each case the majority of the votes cast shall be decisive.

(ii) for the purposes of stocktaking only, at the direction of the employer, one additional day only may be added to any holiday period, or the two days may be taken other than at a holiday period provided that not more than two such days are added or taken in one year;

and the week under the guarantee shall be reduced by the actual days of holiday and stocktaking.

NOTE: a stocktaking day is defined as a day on which, for the purpose of taking stock, it is not possible to process work in progress. This would normally involve a physical check of stock, including work which is being processed through a factory, and which further involves the necessity of stopping the whole factory or department on the day in question.