Contracted hours help!

[Amelia1909]

Help! I think a driver is being badly treated.

We have a salaried delivery driver who is contracted to work 42.5 hours a week. He is regularly being sent home if there are not enough deliveries. For example if there are no deliveries for today he would be sent home unpaid for today.

In the handbook (but not in his contract) it has a section on short time working and says 'if there is a shortage of work for any reason, we will try to maintain your continuity of employment even if this necessitates placing you on short time working...'.

In my opinion he should be paid for 42.5 hours a week regardless as these are his contracted hours. If there is not enough driving for him, then that is not his fault and he should not be penalised by being sent home unpaid. I think they are confusing what Short time working is for and sending him home unpaid is actually breach of contract.

Views hugely appreciated - hope this is enough info for you to form an opinion. Happy to provide any further details...
As an aside I think he could also claim back for all those unpaid days too?

If his contract states 42.5 hours and he is being told to go early, therefore do less hours, he should be paid. Are there any other relevant clauses in the contract?

Hi there thanks for replying. His simple two page contract says nothing about unpaid time off. There is just a reference to short time
Working in the handbook.
The remuneration section (3 lines) just says your salary is £x and hours are 42.5 a week.

Sounds like he has a claim if he’s not been paid. Get advice from ACAS

Unless he's formally been placed on short time working and signed off on that, he's due for 42.5 hours as contracted.

ACAS helpline will be able to confirm (or refute, depending on contract wording) that.

Thank you for the replies. He has never signed anything regarding short time working for his role. Would it need that to justify being sent home unpaid when it's 'quiet'? They actually make him take it as unpaid holiday!

It sounds like he is a full employee under PAYE by that exact same company (rather than employed by an agency - but do check ). Is there not some other work they could give to him when there is no driving job around eg he could sweep up.

Take a look at this page which sets out the rules for laying off staff and short time working. The handbook is part of his terms and conditions so the reference to short time working may be enough to cover the employer's actions.

You say they are confusing what short time working is for. I'm afraid you appear to be confused. Short time working is to cover exactly this situation - where there is insufficient paid work. The fact it isn't his fault there is not enough work is irrelevant. As the handbook says, it avoids making staff redundant.

Brilliant advice thank you all so much.
Yes I probably am confusing the interpretation of the docs. I'll ring Acas and double check too. Thank you all for your invaluable advice 🙏