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Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 19537
Experience:  Solicitor
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We are at a golf club who pay a monthly retainer to a

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We are at a golf club who pay a monthly retainer to a professional. When Covid 19 started we were closed. We said to the professional there was no way he could comply with his contract and thererfore we would stop his retainer whilst he was unable to work. He agreed and indeed furloughed himself as he is self employed and director of his own company. Was it legal to stop his retainer during this period?
JA: Where are you? It matters because laws vary by location.
Customer: East Yorkshire England
JA: What steps have you taken so far?
Customer: We just stopped his retainer and now he wants to start work but he may ask for his missed payments
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes if he returns to work under his full retainer does he haver to comply with his contract

Hello my name is ***** ***** I will help you. I am just reviewing your question. This is an email service so there may be delays when responding.

Just to be clear, he wasnt doing any work for you?

Customer: replied 1 year ago.
No he came in to check visitor booking etc after furlough but he volunteered to do this as he was furloughed. He is in the process of starting again but ewants to do reduced hours. If we pay his retainer is he legally obliged to do the hours on his signed contract?

If he is furloughed he cant be working.

He cant have it both ways.

So if he was furloughed he can NOT be working and you do NOT have to pay.

He is either furloughed and not working or he is working.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate.

If you need anything further I am available for a follow up at no extra cost.

Jamie-Law and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Jamie, certainly 5 stars, what about his return to work and hours