Lay-Offs and Short-time working—Lock-outs
Lay-Offs and Short-Time Working Key points In some situations, an employer will prefer to lay-off his employees or place them on short-time working rather than make them redundant. One or other of those options will usually be considered when the employer is in financial difficulties (or has related business problems, such as the non-delivery of essential raw materials) and believes that those problems are likely to be short-lived. However, whatever his difficulties, an employer does not have the right either to lay-off any employee or keep him (or her) on short-time working unless there is an express term to that effect in the employee's contract of employment. If he takes unilateral action (that is to say, in the absence of any such express term), he is in breach of contract and could force the employee to resign and pursue a complaint of unfair constructive dismissal (including a claim for damages for breach of contract). There is, of course, nothing to prevent an emplo...