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The Guarantee Payments (Exemption) (No. 19) Order 1979

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GUARANTEED PAY

4.  Employees conditioned to a 40-hour week who have been continuously employed for not less than four calendar weeks shall be guaranteed not less than 40 hours of pay at their personal time rates (including, where appropriate, their shift premiums) and part-time employees conditioned to a week of fewer hours not less than the total of their prescribed weekly hours of work at their personal time rates

provided that:

(a)for the purpose of these guarantees, payments for overtime worked on the employer's instructions shall always be disregarded;

(b)in case of a holiday recognised by agreement, custom or practice the guarantees shall be reduced in respect of that week to the extent that normal working hours in that week have been reduced by the holiday; and,

(c)employees shall be prepared when their normal work is not available to undertake reasonable alternative work within their capacity.

Suspension of Guarantee

If as a result of strike action in a supplier's establishment or some other cause outside the employer's control there is a dislocation of the normal work flow in the employer's establishment the guarantees provided above may be suspended after 14 days (including Saturdays and Sundays) of exhibition of a notice of guarantee suspension (it being agreed that shortage of work within the establishment occasioned either by its level of trading activity or the employer's failure to provide materials which are available to him or ordinary terms shall not for the purpose of this clause be deemed to be a cause outside his control). All pay guarantees shall, however, be suspended immediately and without notice in the event of strike or other industrial action against the employer by his own employees.

EXEMPTION FROM STATUTORY GUARANTEE PAYMENTS PROVISIONS AND PROCEDURE FOR RESOLUTION OF DISPUTES CONCERNING GUARANTEED PAY

By virtue of an application made jointly to the Secretary of State for Employment by both Sides of the Council (being those organisations identified in the preamble to the substantive agreement on pay and conditions first concluded on 23rd February 1972 and subsequently renewed) the provisions of the whole of this Clause of the Agreement (to which this sub-clause forms an addendum) are agreed to satisfy the requirements of Section 12 of the Employment Protection (Consolidation) Act 1978 in respect of guarantee payments. It is further agreed that the Council's Agreement on the Procedure for the Avoidance of Disputes and Related Matters dated 21st February 1973 may be applied to resolve cases in which an employee claims that an employer has failed to pay the whole or any part of any guarantee pay to which there is entitlement in accordance with the provisions of the Agreement or that an employee may present a case on the same terms to an Industrial Tribunal.

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