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RJM Law
RJM Law, Lawyer
Category: Law
Satisfied Customers: 3210
Experience:  LL.B (Hons)
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My employer took me off furlough but made me do a completely

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Hi there. My employer took me off furlough but made me do a completely different job role working from home. This has since given me ill health and anxiety. It doesn’t state in my contract that they can change my job role. Please help
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Yes both at the start of last week. I had said that o don’t enjoy the job and I got cellulitis and chronic back pain
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee full time contracted
JA: Anything else you want the Lawyer to know before I connect you?
Customer: that HR still hasn’t got back to me after I asked if I can go back to my job or can they re furlough me
Customer: replied 1 year ago.
Sorry that was meant to say that is doesn’t state in my contract that they can change my job role completely

Hello my name is ***** ***** I will be the expert assisting you with this matter today

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You will also receive a request for a phone call. This is automatically generated by the website. I would be happy to facilitate a phone call with you however, do note that there will be a premium service charge should you accept this, you of course, do not have to click the phone call option.

Thank you

Do you have a copy of your contract?

Customer: replied 1 year ago.
I do
Customer: replied 1 year ago.
Here it is

is that it all?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
Oh let me check
Customer: replied 1 year ago.
Sorry this as well
Customer: replied 1 year ago.
No thank you
Customer: replied 1 year ago.
Rather have it written down so I won’t firget

You can ignore the phone cal request as it is automatically generated by the website.

Customer: replied 1 year ago.
Oh ok. Shall we speak tomorrow

I will just write up my response now, I would be obliged if you could rate my response once I have written it up for you.

Customer: replied 1 year ago.
Ok yes that’s fine

Ok so it may be the case that you official job is not available due to the pandemic. All employers have a responsibility to look at alternative employment rather than redundancy which it seems like what they are doing. However, there is an argument that they are not complying with your employment contract and you should remain on furlough. With this being the case you will have to raise the issue with you employer.

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

I would be obliged if you could Click the 5 stars at the top of the webpage (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge. I won’t be paid for my time from the website if there is no rating left for me.

Many Thanks

Ross

Customer: replied 1 year ago.
Ok thank you

You are welcome. I wish you all the best with this. I would be obliged if you could use the 5 stars at the top of the page to rate my advice. Many thanks and stay safe. R.

Customer: replied 1 year ago.
I keep pressing the 5 stars but it only goes to your info

No problem I'm not sure what is wrong there but you should be able to click them. Hmm.

Customer: replied 1 year ago.
When I click them it goes to this

No problem as long as you are satisfied with the answer I can have this looked at. Thank you and all the best.

Customer: replied 1 year ago.
Satisfied ty

Many Thanks.

RJM Law and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Ross
Customer: replied 1 year ago.
Is there a timeframe that HR should contact me to discuss this. I contacted them on the 3rd June
Customer: replied 1 year ago.
Hello
Customer: replied 1 year ago.
Do I have to contact another solicitor