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Should employer pay if work closed for day no body's fault weather

5 replies

canitbe · 10/01/2012 16:35

Hi hope some of you all knowing lovely people can help me. The situation is that the electric went out at work (weather related) early morning, all staff sent home. Electricity back on 1/2 hour later, employer did not contact anyone to come back into work. Should I get paid for this day or is it unpaid leave.
Thanks

OP posts:
DizzyCow63 · 10/01/2012 16:36

As similar thing happened at my work, shutter wouldn't open so no-one could get in, we were paid. I would assume as you were available to work and couldn't through no fault of your own, you should be paid.

Ladymuck · 10/01/2012 16:39

It will depend on the exact terms of your contract I'm afraid. Thinking about this, I have the bizarre situation where some of my employees would be paid, and others wouldn't as they have different terms and conditions. If your contract is such that you have to turn up at a particular locations for fixed hours each week, then it is probable that you would be entitled to pay, and I would expect your employers insurance to cover business interruption.

canitbe · 10/01/2012 16:48

Thanks for replys
Yes Fixed hours mon to fri each week, what would I need to look out for in contract.

OP posts:
kdiddy · 11/01/2012 16:52

Typically under the terms of an employment contract, your employer is obliged to provide work on your contractually agreed days and you are obliged to fulfil that requirement. If you're on fixed hours, and you turned up for work as per usual, and then they said they didn't need you to work - they should pay you because they have not fulfilled their part of the contract on that day.

It's different than if you had been unable to reach work because of the weather, for example, because that would have fallen under your responsibility.

Your contract probably won't be that explicit - it's general contract law.

flowery · 11/01/2012 17:38

Yes what kdiddy said. If you fulfilled your part of the contract by showing up at the contracted time and place and being ready and willing to work, your employer should pay you.

are they saying they won't?

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