Sheila will try to answer as many of your English Social Care questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.
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 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.
*All information is correct at the time of publishing.
What would you like to ask Sheila?
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.
Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.
Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.