Not paying guarantee pay counts as an unlawful deduction from your wages, and you could make a claim to an employment tribunal.
Quick facts
- Guarantee pay
- Up to £41 a day
- Maximum
- 5 days in 3 months, £205
- Service needed
- 1 month
- Claim redundancy after
- 4 weeks in a row, or 6 in 13
- Benefits
- You may claim JSA
Guarantee pay
You’re entitled to guarantee pay during layoff or short-time working. The maximum you can get is £41 a day for 5 days in any 3-month period - so a maximum of £205.
If you usually earn less than £41 a day, you’ll get your normal daily rate.
You cannot claim guarantee pay for any day that you do some work.
Who can get it — the full rules
You must:
- have been employed continuously for 1 month (includes part-time workers)
- reasonably make sure you’re available for work
- not refuse any reasonable alternative work (including work not in your contract)
- not have been laid off because of industrial action
Claiming redundancy instead
There’s no limit for how long you can be laid off or put on short-time. You could apply for redundancy and claim redundancy pay if it’s been 4 weeks in a row, or 6 weeks in a 13-week period. See redundancy pay.
If you are not paid
Not paying guarantee pay counts as an unlawful deduction from your wages - you could make a claim to an employment tribunal. See employment tribunals.
Common questions
How much is guarantee pay?
Up to £41 a day for 5 days in any 3-month period, a maximum of £205.
Who can get it?
Employees with 1 month’s continuous service who stay available for work and do not refuse reasonable alternative work.
How long can I be laid off?
There is no limit, but after 4 weeks in a row, or 6 weeks in 13, you could apply for redundancy pay.
What if my employer does not pay it?
It counts as an unlawful deduction from wages. You could go to an employment tribunal.