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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 73445
Experience:  Qualified Employment Solicitor
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My daughter works 37 hours a week. She has been told her

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My daughter works 37 hours a week. She has been told her hours will be reduced to 16 and the rest of the hours furloughed. Another employee who does a completely different job is now taken over the job my daughter is being furloughed for. Can they do this?
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: wasnt discussed at all. Just had a phone call on her day off to say this will start this Monday.
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: just employees
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No just want to know if they are allowed to do this when her job is still there and somebody else will be doing the hours my daughter is being furloughed fir

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

How long has she worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you today. Thanks

Customer: replied 9 days ago.
She has been there eleven years

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues she has experienced in her situation.

Furlough is there to help employers who cannot maintain their existing workforce due to the impact of Covid-19 on their business. If someone’s job is still there to be done, technically they should not be furloughed as they can maintain the workforce and whilst they can spread out any remaining work that may be available as a result of them being furloughed, it should not be a like for like replacement like in this case.

In any event, an employee can only be furloughed with their consent because a written agreement must be in place with the employee so she can always refuse to agree to this and stat that she is not consenting to being furloughed. Many employees will agree to it because it means their jobs may be at risk but if her role is not affected or at risk of potential redundancy, then this should not really be of any major concern.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Customer: replied 9 days ago.
are you actually saying they should not give her job which is still there to another employee. The employer wants my daughter to work 16 hours a week and the rest of the 37 hours she usually works is given to another employee.

yes - for example what is the other employee's normal job and why are they not doing it? If their role is affected and they do not have the hours to work in it then they should be furloughed, rather than fill in for someone else whilst they are the ones being furloughed

Customer: replied 9 days ago.
The other employee did full time and did the same as my daughter. She was then offered a receptionist position. She has had this position for approximately one month. My daughter is being furloughed and they are giving this other person (receptionist) my daughters job. Surely this can’t be right. This place of employment does not keep to any sort of rules. Last year they made my daughter redundant but paid her salary for three months, although didn’t require her to work for the three months. There was no consultation at all, she just found a letter at work informing her she was being made redundant. Then one week before her redundancy would of been paid they asked her to go back to work there. She returned to work as she had no other employment, therefore it was continuous service and did not receive any redundancy pay.

Thanks, ***** ***** queries do you have about this please?

Customer: replied 8 days ago.
If my employers insist on furloughing me and giving the other employee my job is there anything I can do officially about it.

Only two things really – one is to raise a formal grievance about it, the other is to resign  and claim constructive dismissal in the Employment Tribunal.

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 7 days ago.

Thank you very much for all your help. Best wishes, C**** Be******

You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best

Customer: replied 7 days ago.
Thank you.

my pleasure

Customer: replied 1 day ago.

Hello Ben, I used your services last week and paid the £5. I have just noticed £50 has come out of my account. I didn’t think this was automatic and I do not need this. Could this please be refunded and the monthly fee cancelled with immediate effect. Thank you Ca*** Ben***

Customer: replied 1 day ago.

Please cancel or tell me how to cancel this monthly cost of £50 C**** Be*****

Hello, I am just an independent user on this site, in the same way as you are, which means that unfortunately I have no involvement in the billing side of things. If you need to query anything to do with billing, charges or membership, you may be able to take certain actions by going to your account on this site. Alternatively, please contact the site’s customer service team directly. You can find their contact details by following this link:

https://www.justanswer.co.uk/help/contact-us

Hopefully, they will resolve any issues you have to your satisfaction.

Customer: replied 13 hours ago.
Ok thank you

you are welcome