Many thanks for your patience. As you transferred under TUPE, the new employer should not have had to make a new RTI submission for you to allow you to be eligible for the furlough scheme. In any event, furlough is just there to help he employer with their wage demands – if they cannot claim then they are still obliged to honour your contract.
If the employer either refuses to furlough you or cannot do so, then they are still obliged to honour their contractual obligations towards you. There are a couple of possible situations then:
· If you have guaranteed hours and no lay off clause in your contract, the employer would be expected to honour these and pay you as normal, even if there is no work for you
· If you do not have guaranteed hours of work, such as working on a zero hours contract, in between assignments, etc then the employer can simply rely on that arrangement and not give you any hours or work and therefore not pay you.
Therefore, if your existing contract has not been honoured you will be able to pursue them for unlawful deduction of wages and breach of contract and still get paid for what you are due under contract.
Does this answer your query?