Ask Sheila - Archive England

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions. However, you might still find the answer you’ve been searching for down below.

28th February 2018

Should a Member of Staff who has Been Sent Home Early Still Get Paid?

I am guaranteed 35 hours per week in my contract. Business has been quiet and I have been sent home, on average an hour earlier a shift than I’ve been scheduled in for. If this means I’ll be doing less than 35 hours,  am I still entitled to be paid the 35 hours as my contract states?
Thank you

Dear T,

 

Thank you for your question and I believe many people will be interested in the answer.

 

I asked one of our employment law specialists at Napthens Solicitors and this is what she said:

 

"The general position is that employers have an obligation to provide work, just as employees are obliged to undertake the work provided. Therefore, employees who are contracted to work a set number of hours per week should be paid for these hours, whether work is provided or not. If the contract of employment contains an express provision, then employers may have the right to put employees on short time working without pay. However in this case, the employee would normally be put on notice of short time working and the expected period duration. If this is not the case, then the employee is entitled to be paid for all contracted hours".

 

I hope this is helpful.

 

Best wishes.

 

Sheila

 


*All information is correct at the time of publishing.


About Sheila

Sheila Scott OBE has now retired and therefore is no longer available to answer your social care questions.

For Sheila Scott OBE from National Care Association (NCA), care is Sheila's life. She possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business, and as a leader in the care sector.

For a long time, Sheila has answered thousands of your social care questions, her extensive experience has been invaluable in helping care providers to deliver outstanding care. Below you can access the many questions she answered during those years.

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