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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 74477
Experience:  Qualified Solicitor
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I worked at hair salon for my previous employer for 10 years

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I worked at hair salon for my previous employer for 10 years the business was sold 1/3/2020 and I was Tuped to new owners
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I worked 3 full weeks for new owners before they had to closed because of covid 19, I was sent home and was told government would pay 80% of my wage, no written notice given. They payed full wage for March, April’s 80% which was late and only because I had made them aware they hadn’t give me written notice and I shouldn’t have to wait until the JRS money was in there account. They didn’t provide me with payslips after I asked, I put in a grievance for no written furlough notice withholding payslips and no new written contract . Since this they have now provided a payslip for March and have said due to covid 19 no RTI submission and payroll was completed. Iv rang HMRC my self and I’m not registered with the new owners.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee no union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I asked them on the 15th April what I needed to do if they hadn’t put me on payroll before 19th March, was told I was on payroll and that I should receive a letter from government saying I was entitled and my April’s wage should be paid on the correct date

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 specifically like to know about this, so that I can best advise?

Customer: replied 1 year ago.
If I’m not registered to HMRC how have they been able to pay me these wages? When should they have registered me to HMRC and could covid 19 have prevented them for doing this?

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

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?

Customer: replied 1 year ago.
Thank you very much!

All the best

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