Lay-Off and Short-Time Variation Deed
This Lay-off / Short-time Variation Deed should be used where an employer and an employee agree to make changes to the employee’s contract of employment.
This Lay-off / Short-time Variation Deed is used in order to include a clause allowing the employer to lay-off employees or put them on short-time working. The clause can be accessed through the related documents link to the right.
If the contract of employment does not provide for lay-off and there is no other express agreement to that effect, then the employer cannot legally lay-off the employee without pay.
Please note that when a lay-off / short-time working is to occur for an indefinite period, the employee will be entitled to make a claim for statutory redundancy pay after either four consecutive weeks or six weeks or more within a 13 week period of being laid-off / placed on short-time working. Please see the Guidance Notes available through the related document links below for more information.
The terms of a contract of employment can only be varied with the consent of both parties. Hence, a variation cannot be imposed unilaterally. To do so can amount to a repudiation of the contract entitling the employee to resign and claim that they have been constructively dismissed.
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