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Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
I am sorry to learn of the situation you are in. Can I just check, how long have you worked for this employer all in all?
and what is your specific question in relation to this please so that I can best advise?
OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.
Many thanks for your patience, I am pleased to be able to continue assisting with your query now. First of all, I am sorry to hear about the issues you have experienced in your situation.
What the employer is proposing to do is actually possible in a sense that you do not have to have actually started the job and worked in it, for it to be considered your contracted position, the key is when the new role which you took was deemed to have become your contracted role and that would depend on any agreement on a start date and when the contract was agreed and implemented. You could easily have never worked in that role, yet for it to be your contracted position. As an example, you apply for a brand new job and have a start date on which the job would start and the contract comes in force. However on your first day you are furloughed, or go off sick, etc and are not actually able to start the role and have not even worked a minute in it. You are still contracted to that role and it is what your contractual position in the company is, even if you never actually started it. The same principle applies here – if the contract had already started then it does not matter whether you actually physically worked in that role as that is not a prerequisite for it to have become your contracted role.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
You are most welcome. If you have any further questions about this then please do not hesitate to get back to me and I will be glad to help. All the best