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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74364
Experience:  Qualified Solicitor
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I had a quick question in regards to my husband who was

This answer was rated:

Hi Pearl
JA: Where is this? It matters because laws vary by location.
Customer: i had a quick question in regards ***** ***** husband who was working for a hotel for the last 1 year and had his contract ended during the lockdown
JA: What steps have you taken so far?
Customer: he was not put on furlough by the company
JA: Anything else you want the Lawyer to know before I connect you?
Customer: i would like to know if we can do anything from our side to be able to get some financial help as he should be eligible for furlough

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.

Why didn't his employer place him on furlough? What type of contract did your husband have?

Customer: replied 1 year ago.
Tye employer said they were not going to take the responsbility of applying for furlough
Customer: replied 1 year ago.
Sorry I don’t want a phone call if it will cost me £44
Customer: replied 1 year ago.
Can i have a response through messages please

Thank you. Leave it with me for now, although please note it is extremely busy at present due to the ongoing situation so there may be a delay in replying, but I will get back to you at some point today. Please do not reply in the meantime. Many thanks

Customer: replied 1 year ago.
Thanks Ben
Customer: replied 1 year ago.
Can you confirm I won’t be charged £44

Many thanks for your patience. The starting point is that as he has been continuously employed at his place of work for less than 2 years then his employment rights will unfortunately be somewhat limited. Most importantly, he will not be protected against unfair dismissal. This means that an employer can dismiss him for more or less any reason, and without following a fair procedure, as long as the decision is not based on a reason which makes a dismissal automatically unfair. These include:

· Discrimination due to a protected characteristic (i.e. because of gender, race, religion, age, disability, sexual orientation, etc.)

· Taking, or trying to take, leave for family reasons including pregnancy, paternity leave, parental leave, adoption leave or leave for dependants

However, if the dismissal had nothing to do with any of the above exceptions, he would not be able to challenge it. In that case his only protection would be if he was dismissed in breach of contract. That would usually happen if he was not paid any contractual notice period due to him (unless he was dismissed for gross misconduct, where no notice would be due). If he did not have a written contract in place he would be entitled to the minimum statutory notice period of 1 week. The employer would either have to allow him to work that notice period and pay him as normal, or they instead have to pay him in lieu of notice, where he is paid for the equivalent of the notice pay but his employment is terminated immediately.

In terms of furlough – that is not a right and is only an option I’m afraid so it is entirely up to the employer whether to furlough him, or dismiss him instead. If they have refused to do so and dismissed him, it would now be a case of finding a new job or going on benefits in the meantime.

Does this answer your query?

Customer: replied 1 year ago.
Hi Ben
Yes this does answer my question thank you for your help.
Can you please confirm O won’t be charged £44
Customer: replied 1 year ago.
Once again thank you

Hi you would have been charged the amount to simply request the call but it’s not an issue - You can of course get a refund for the phone call charges. Could you please leave your rating to close the question and I can then submit a request to customer services to issue a refund. Many thanks

Customer: replied 1 year ago.
Thanks Ben
How do I leave a rating? There is no option on this screen

there should be some stars on the screen?

Thank you.

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