The Guarantee Payments (Exemption) (No. 25) Order 1989

Made: 31st August 1989

Coming into force: 29th September 1989

Now, therefore, the Secretary of State, in exercise of the powers conferred on him as the appropriate Minister under section 18(1) of the Act and of all other powers enabling him in that behalf, hereby makes the following Order:–

Citation and commencement

1

This Order may be cited as the Guarantee Payments (Exemption) (No. 25) Order 1989 and shall come into force on 29th September 1989.

Exemption

2

Section 12 of the Act shall not apply to any employee to whom the collective agreement relates.

3

The Guarantee Payments (Exemption) (No. 20) Order 1980[^f00002] is revoked.

SCHEDULE 1 — PARTIES TO THE COLLECTIVE AGREEMENT

Representing employers:

1

The Federation of Master Builders.

Representing employees:

2

The Transport and General Workers Union.

SCHEDULE 2 — MATERIAL PROVISIONS OF THE COLLECTIVE AGREEMENT

WORKING RULE 9—Guaranteed Week

Each operative shall be guaranteed 39 hours employment in each pay week paid at the appropriate standard rate of wages and calculated in the following way: 8 hours per day for four days from Monday to Thursday and 7 hours on Friday, provided always that he is available for work during the normal working hours for each day.

In any week in which a public holiday falls, the period of guarantee shall be reduced in proportion to the period of public holiday.

In the event of work being temporarily stopped due to inclement weather, shortage of work or any other cause, the guaranteed payment shall be made provided always that the operative maintains himself on site for working; that he is willing and able to perform satisfactorily such alternative work that he may be reasonably given and that he complies with the instruction of the employer as to when during normal working hours work is to be carried out, interrupted or resumed. (Where stoppage of work continues for one complete payweek see `Temporary Lay Off Procedure below'.)

If an operative fails to keep himself available for work at any time during the normal working hours, unless otherwise instructed, he shall be deemed not to have kept himself available for any portion of the day.

An operative shall not be entitled to guaranteed payment for any time during a pay week in which his work is interrupted by virtue of a trade dispute involving himself or other operatives on his particular site, who are employees of the same employer or associated employer.

Should any dispute arise over the payment of the Guaranteed Week provisions which is not capable of solution through the Conciliation Procedure (outlined in Appendix A), the operative shall have the right to present his complaint to an industrial tribunal in accordance with S.18(4)(b) of the Employment Protection (Consolidation) Act 1978.

Temporary Lay Off Procedure

Signed

Signed by order of the Secretary of State.

Patrick Nicholls — Parliamentary Under Secretary of State, — Department of Employment — 31st August 1989

Explanatory note

(This note is not part of the Order)

This Order, which comes into force on 29th September 1989, excludes from the operation of section 12 of the Employment Protection (Consolidation) Act 1978 employees to whom the Working Rule Agreement of the Building and Allied Trades Joint Industrial Council made between the parties described in Schedule 1 to this Order on 14th December 1988 relates. It supersedes the Guarantee Payments (Exemption) (No. 20) Order 1980 which is revoked by this Order. The present Order has been made to take account of the revised Working Rule Agreement, the material provisions of which are set out in Schedule 2 to this Order. These differ from the provisions in Schedule 2 to the previous Order in that the guaranteed week is reduced from 40 hours to 39 hours and the provisions relating to the temporary lay off procedure have been redrafted.

Copies of the Agreement are available for inspection between 10 am and noon and between 2 pm and 5 pm on any weekday (except Saturdays) at the offices of the Department of Employment, Caxton House, Tothill Street, London SW1H 9NF.

Footnotes

[^f00001]: 1978 c. 44.

[^f00002]: S.I. 1980/1715.