We are relocating one of our stores in the ROI and whilst the store is being relocated the staff will not be able to attend work for 3 weeks. Are we obliged to pay them for the 3 weeks they will be off? Can we advise staff to take their annual holidays for these 3 weeks? What are our options to ensure we treat staff lawfully?

The employer is usually obliged to pay employees where they are willing and able to work during the working hours specified in their contract, and no work is available. However, the contract or company handbook may provide for temporary lay-off or short-time working which the employer may consider implementing where the store is closed for a comparatively short time.

Alternatively, the employer could seek the agreement of the employees to use some or all of that time as annual leave or to work the time back at a later stage. The employer may also explore the possibility whether certain of the employee could fulfil some of their duties off-site.