The Guarantee Payments (Exemption) (No. 21) Order 1981

15. Guaranteed Minimum

Availability

15.1.  An operative in the employment of an employer shall be deemed to have kept himself available for work during the whole of the normal working hours of any day if he complies with the following conditions:

(a) that, unless otherwise instructed by the employer, he has presented himself for work on the site or at the depot at the starting time prescribed by the employer and complies with the employer's instructions in regard to the period (during normal working hours) for which he shall remain on the site or at the depot;

(b) that he is willing and able to perform satisfactorily on the site, at the depot of elsewhere the work for which he was engaged or suitable alternative work; and

(c) that, in all circumstances, particularly weather conditions, he complies satisfactorily with the instructions of the employer as to when, during normal working hours, work is to be carried out, interrupted, or resumed.

If a man, during the normal working hours of any day, fails to keep himself available for work as aforesaid, he shall be deemed not to have kept himself available for any portion of such day except such hours as he has actually worked.

Guaranteed Minimum

15.2.—(a) In respect of any pay week during any part of which a man has performed actual work on the job and, being in the employer's employment, has kept himself available for work (as aforesaid), the man shall be entitled to receive payment of not less than the equivalent of 40 hours at ordinary rates (hereinafter referred to as the “guaranteed minimum”).

Provided always that should a man not be available for work (as aforesaid) during the normal working hours of any day in such payweek, or should his employment be terminated during such payweek, he shall be entitled only to such proportion of the guaranteed minimum as the time he was available for work (as aforesaid) and in the employer's employment bears to 40 hours.

(b) If, following immediately upon a payweek in which the man has performed actual work on the job, there occurs a payweek in which the man being in the employer's employment keeps himself available for work (as aforesaid) but does not perform actual work on the job, the man shall be entitled in respect of that week to payment of the guaranteed minimum.

Provided always that should a man not be available for work (as aforesaid) during the normal working hours of any day of such last-named payweek, or should his employment be terminated during such payweek, he shall be entitled only to such proportion of the guaranteed minimum as the time he was available for work (as aforesaid) and in the employer's employment bears to 40 hours.

(c) If, during the next succeeding payweek or weeks, the man does not work on the job, he shall not be entitled to any payment whether he keeps himself available for work or not, it being his duty to register for unemployment benefit.

(d) If, in any payweek collective industrial action of any kind, in contravention of this Agreement, is taken by operatives employed on the site or at the depot under this Agreement, the employer shall at all times use his best endeavours to provide continuity of work for those operatives who are not involved in such action and who remain available for work. In the event that, by reason of such action, the employer cannot provide such continuity of work, the guaranteed minimum shall be deemed to be suspended until such time as normal working is restored.

(e) If, in any payweek a site or depot shall be closed for any day or days pursuant to Rules 9, 11(b), or the Holidays with Pay Agreement, or for any day or days of holiday pursuant to any general or local custom or to any custom in the employer's business, then as regards any man not required to work on such day or days, he shall be entitled in respect of that payweek only to such proportion of the guaranteed minimum as the time he was available for work (as aforesaid) on the remaining days of such payweek and in the employer's employment bears to 40 hours.

Provided that the employer shall be entitled to substitute any day (whether in the said week or the week immediately preceding or following) for any other day (save a Bank or other Public Holiday) hitherto observed as a holiday pursuant to such last mentioned custom.

(f) For the purpose of calculating the guaranteed minimum:

(1)

Any increase or decreases of pay or plus rates or any new plus rates shall if they come into operation on any day other than the first day of a payweek be deemed to come into operation only on the first day of the payweek immediately following.

(2)

No part of the following earnings shall be taken into account:

(i)

Sunday earnings.

(ii)

Earnings in respect of work done outside the normal working hours.

(iii)

Bonus earnings.

(iv)

Plus rates payable in respect of conditions under which work is done.

(v)

The total amount of any increases or decreases of pay or plus rates or any new plus rates which come into operation on any day other than the first day of a payweek.

(g) No payment of guaranteed minimum in respect of time not worked shall be made under this rule in the following cases:

(i) Tide work.

(ii) Work paid by the shift.

(iii) Sunday work.

(iv) Time outside the normal working hours.

Guaranteed Bonus

15.3.  Payment of Guaranteed Bonus, in addition to the appropriate guaranteed minimum, is in accordance with Rule 4.

Disputes

15.4.  Disputes arising under this Rule (15) or concerning minimum payment due under Rule 14—Shift Work or Rule 19—Tide Work may, at the option of the Claimant, be referred to ACAS and/or an Industrial Tribunal in the event of no decision by the Conciliation Board referred to in Rule 36(3)(d).