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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 66905
Experience:  Qualified Solicitor
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I have been off due to the virus but not furlong by bosses

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I have been laid off due to the virus but not furlong by bosses said they will let me know when I can go back |(Travel industry) I only worked 13.5hrs a week although I have been with the company over 40yrs the 1st 10 yrs full time then went to part time (paying NI) after maternaty leave then put onto 13.5hrs 20yrs ago when my orginal boss died. I reach retirement age in September and feel they may draw things out so they will turn around and say I'm now of retirement age. Do I have a claim of any sort if they do not take me back on after reaching 66 although I was not planning on retiring at that age.
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No. This is all so new to me as I have worked all my working life and just don't know where to turn as \I now have no income.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Don' belong to an union and I am an employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I dont think so like I said it's all new to me

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?

Customer: replied 17 days ago.
I feel they may not take me back and willwait until I'm 66 in Sept so they wont have to make me redundent as I expect they would have to pay me.

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?

Customer: replied 17 days ago.
I have no contract. This was a family business until my boss died and when his wife went into partnership my hours were changed down to 13.5 plus extra when I covered for holidays and illness which I was OK with but she has died now and the other 2 partners have full control. This is were you are going to tell me I have no claim.

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?

Customer: replied 16 days ago.
Sent me home off work unpaid said they would let me know when I was needed. They are classed as self employed

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

Customer: replied 16 days ago.
I'm a bit wiser. If I have any more questions I will get back to you. Sorry for the late reply but thank you for your help.

No worries at all, all the best for now

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