Can I lay off employees if I have no work because of bad weather?
I have no work because of the bad weather so can I lay off my employees?
We’ve been asked this several times over the last few days, particularly from employers in the building trade and landscape gardeners.
The answer is that it depends on the employment contract you’ve given your employees. In general, you can lay off employees but they are still entitled to be paid, even if you don’t have any work for them.
However, if your contract contains a specific clause giving you the right to lay off without pay, you can do so. Check your contract.
Of course, if both parties (employer and employee) agree, the contract terms can be altered. You might have an understanding employee(s) who realise that a prolonged period of no work can put their long term income at risk and therefore be prepared to accept a period without pay.
If you want help and advice on drafting a contract with a general right of lay off, give us a call (01509 816150) or contact us by email. We have specialists able to help in preparing contracts.
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