The Guarantee Payments (Exemption) (No. 23) Order 1987

A. GUARANTEED PAYMENT AGREEMENT

1.  This Agreement supersedes the Guaranteed Payment Agreement dated 25th April 1985. Throughout this Agreement the expression “Minimum Datal Rate” includes any supplements payable under the Minimum Datal Rate Agreement currently in force.

2.  It is agreed that in the event of short-time working or temporary lay off, each employee will be paid the J.I.C. minimum datal rate for each day up to a maximum of TEN days in any period of twenty-six consecutive weeks. The amount to be paid in respect of each day will be a fifth of the J.I.C. minimum datal rate per standard working week of thirty-nine hours.

3.  The guarantee shall apply only provided that during the period of the guarantee, the employee has been continuously employed by the same employer for not less than FOUR weeks, is capable of, available for, and willing to perform according to his/or her capabilities, the work associated with his/or her usual occupation, or reasonable alternative work when his/or her normal work is not available. When he/or she undertakes such alternative employment within the company, payment shall be made at the rate applicable to that alternative employment or his/or her company datal rate, whichever is the greater.

4.  The guarantee shall not apply

(a) at any plant or unit of plant

(i) when that plant or unit is laid idle through avoidable absenteeism or failure of any employee to take reasonable action to keep the plant in operation.

(ii) when by custom and practice, or by mutual agreement between the employer and employees, it is decided that a shift, or part shift at the commencement or resumption of holiday periods shall be an unpaid holiday.

(b) to any individual employee who has been summarily dismissed without notice or has been suspended for disciplinary reasons.

(c) to any employee who refuses to accept reasonable alternative employment when his/or her normal work is not available.

5.  The guarantee shall be suspended automatically in the event of dislocation of work as a result of strike action or irregular action short of strike action within any company which is a party to the agreements of the J.I.C. for the wire and wire rope industries.

6.  The guarantee shall be reduced in the case of a holiday recognised by agreement or custom and practice in respect of the standard working week in which the holiday takes place in the same proportion as the normal working days or shifts are reduced in that standard working week.

7.  Any difference arising in relation to this agreement which cannot otherwise be resolved shall be reported to the Joint Secretaries of the Joint Industrial Council and will be dealt with under the J.I.C. procedure for settling differences and disputes or, if the claimant is not a member of a trade union party to this Agreement, it may be referred to an industrial tribunal.

8.  This Agreement may be cancelled by either party giving three months' notice in writing.