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The Guarantee Payments (Exemption) (No. 8) Order 1977

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This is the original version (as it was originally made). This item of legislation is currently only available in its original format. The electronic version of this UK Statutory Instrument has been contributed by Westlaw and is taken from the printed publication. Read more

CTHE PAULSGROVE AGREEMENT

SHORT TIME WORKING AGREEMENT

STAGE 1

The Company will seek to avoid lay off, short time working or redundancy by allowing normal wastage to reduce production capacity.

The Company will inform the stewards at an establishment where this “run down” is taking place and will provide them with such information as to anticipated time scale and size of run down as is reasonable in the circumstances.

The Company will expect the remaining employees to work flexibly so as to maintain a balanced work force. When this results in an employee being required to accept work of a lower grade (e.g. machine minder to work as a packer) the higher rate of pay will be maintained for up to six weeks and thereafter will be reduced to that appropriate to the lower grade. Selection of people for work at a lower grade will be on a basis of length of service in the higher grade.

STAGE 2

Should the policy of “run down” be inadequate to meet the reduced production requirements the Company will reduce the working, week, or lay off, all or part of the part time labour force in the latter case selection will be on the basis of length of service.

The shop stewards being kept fully informed of the situation prior to any action being taken to implement cuts in accordance with this stage.

STAGE 3

Should reduction in production capacity effected by stages 1 and 2 be insufficient to meet the reduced production requirement, the Company will give notice of its intention to work a short week or operate a lay off of its full time permanent employees.

To protect the earnings of employees affected by either stages 2 or 3 the Company will pay a basic day's wages for up to a total of five days of short time or lay off cumulative in any calendar quarter (1st January to 31st March, 1st April to 30th June, 1st July to 30th September, 1st October to 31st December). Before implementing short time working or lay off at any establishment the Company will discuss the matter with the shop stewards at least one week before it is intended to operate the short week or lay off.

QUALIFICATIONS FOR AND CALCULATION OF PAYMENT UNDER STAGES 2 AND 3

Payment in respect of short time, that is to say where a short working week of less than five days is to be operated, or lay off, that is to say when employees are laid off for a period in excess of five consecutive days' duration will be made to employees who would normally have been at work on the day or days in question provided that the employee has a minimum of four weeks' service at the time of the start of the period of short time working or lay off.

No payment will be due to an employee who refuses reasonable alternative work within their competence for the day or days in question, selection for alternative work being at the discretion of management.

Any person absent from the establishment during a period of short time working or lay off due to certified sickness, holiday or prior permission without pay shall be excluded from benefit under this agreement.

No payment will be due if the short time or lay off results from Industrial Action at any of the Group's establishments. A basic day's wages shall be eight hours wages inclusive of any shift premium. The wage rate being that which would have been paid had the employee been at work. In the case of part time employees working less than a normal eight hour shift a day's work shall be the hours that they are normally contracted to work on that day.

APPEAL

Any employee who feels that he/she has been treated unfairly under the terms of this agreement shall have the right of appeal in accordance with the Company's grievance procedure. In addition, the employee has, in every case, the right to present a case to an industrial tribunal that the Company has failed to make a payment, or part of a payment, to which the employee is entitled under this agreement.

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