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Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.
What would you ideally be hoping for, should that be the case?
Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Can I just check if you had a lay off clause in your contract?
Thank you. Not necessarily. But I am trying to work out what happened with this lay off. When you say lay off do you mean they retained your employment but sent you off work unpaid, or that they have terminated your employment?
Thank you. As an alternative to dismissal, an employer may wish to deal with an unexpected downturn in business by laying off employees (asking them not to come into work) or putting them on short-time working (reducing their working hours/days). The legal definitions of these two options are:
· Lay off - if an employee has been told to go home for at least one full working day.
· Short-time working - if an employee's pay for the week is less than half a normal week's pay.
It is only possible to lay off employees or put them on short-time working when an express or implied contractual right to do so exists. If such a right does not exist the employer will be acting in breach of contract and that could allow the employee to resign and claim constructive dismissal or pursue the employer for unpaid wages. You can just stick to a claim for the wages due without being forced to leave.
The easiest for them is to furlough you and cover some of your wages through that scheme. If they refuse, then you still have rights and the employer is obliged to pay you for your guaranteed contractual hours whether they have work for you or not.
Does this answer your query?
Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you
No worries at all, all the best for now