Commentary

(b) What is meant by 'normally required to work'?

Division BI Pay
| Commentary

(b) What is meant by 'normally required to work'?

| Commentary

(b)     What is meant by 'normally required to work'?

In order to claim his guarantee payment the employee must show that on the day in question he 'would normally be required to work in accordance with his contract of employment' (ERA 1996 s 28(1)). As a result, an employee in, say, the hospitality or care sector who is normally required under his contract to work on bank holidays would have a claim if he was told there were to be no shifts on Christmas Day and Boxing Day due to a fall-off in work. By contrast, an employee cannot claim for a day on which he would only have performed voluntary overtime.

There is some debate as to whether an employee can claim a guarantee payment for a day on which he was absent in any event due to sickness or holiday. It is submitted that he should be able to do so, albeit

To continue reading
Analyse the law and clarify obscure passages all within a practical context.