# How much statutory guarantee pay can I actually get for my lost shifts in England?

- Jurisdiction: United Kingdom
- Practice area: Small Claims Law
- Published: 2026-10-31
- Last updated: 2026-10-31
- Canonical: https://lawasked.com/uk/small-claims/how-much-statutory-guarantee-pay-can-i-actually

## Question

I am currently living in England and have been working as a part-time warehouse assistant for about six months. My usual schedule involves working three days every single week, but since the beginning of last month, my employer has significantly reduced my hours due to a lack of orders. For the last four weeks, I have been missing two shifts per week, which has really messed up my monthly budget. I have already spoken to my manager about the reduction in my pay cheque, and they confirmed that the lack of work is the only reason for the short-time working. I checked the government website to see if I could claim any kind of statutory guarantee pay to make up for the lost income, but I am getting a bit confused about the specifics. I know there is a limit on how much you can get per day, but I am not sure what that exact amount is in pounds. Also, since I normally work three days a week, I am unsure how many days of this payment I am actually entitled to claim over a three-month period. Does the calculation change if my shifts vary from week to week?

## Summary

You can claim a maximum of £41 per day for your lost shifts, and you are entitled to claim for up to three days per week over a three-month period. Because you normally work three days a week, your entitlement is capped at those three days per week.

## Analysis

Under the Employment Rights Act 1996, there are specific limits on the money you can receive through guarantee payments (money paid to an employee when their hours are reduced due to short-time working) [1]. 

Regarding the daily amount, the law states that "the amount of a guarantee payment payable to an employee in respect of any day shall not exceed £41" [1]. This means that even if your usual daily pay is higher than £41, the statutory guarantee payment is capped at that specific amount per day. 

Regarding how many days you can claim, your entitlement is limited by your normal working pattern. The law says "An employee is not entitled to guarantee payments in respect of more than the specified number of days in any period of three months" [1]. For your situation, the "specified number of days" is the number of days you normally work in a week under your contract, up to a maximum of five [1]. Since you normally work three days every week, you can claim for a maximum of three days per week over a three-month period. 

If your shifts vary from week to week, the law provides a way to calculate an average. It states that where the number of days varies, the number is "the average number of such days, not exceeding five, calculated by dividing by twelve the total number of such days during the period of twelve weeks ending with the last complete week before the day in respect of which the guarantee payment is claimed" [1]. This means if your schedule was inconsistent before this reduction, we would need to look at your last 12 weeks of work to find an average. However, since you stated you usually work three days every single week, your entitlement remains three days per week. 

Finally, the actual amount paid for a day is calculated by multiplying your normal working hours for that day by your "guaranteed hourly rate" [2]. This rate is found by dividing your weekly pay by your normal weekly hours [2]. 

Please note that state, provincial or local law may add further rules, so you should check specific UK government guidance for any recent updates to payment rates.

## Statutory citations

- Employment Rights Act 1996, Section 31 - Limits on amount of and entitlement to guarantee payment. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/31)
  > The amount of a guarantee payment payable to an employee in respect of any day shall not exceed £41
- Employment Rights Act 1996, Section 31 - Limits on amount of and entitlement to guarantee payment. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/31)
  > The specified number of days for the purposes of subsection (2) is the number of days, not exceeding five, on which the employee normally works in a week
- Employment Rights Act 1996, Section 30 - Calculation of guarantee payment. [in force] (https://www.legislation.gov.uk/ukpga/1996/18/section/30)
  > The guaranteed hourly rate, in relation to an employee, is the amount of one week’s pay divided by the number of normal working hours in a week for that employee

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