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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 70817
Experience:  Qualified Solicitor
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I'm looking for some advice for my current situation. I was

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Hello, I'm looking for some advice for my current situation. I was on maternity leave from August 2019 to May 2020. On my return from maternity leave, I was due to take up a new role that was part time (in short, I put in a flexible working request for my current role in Jan of this year which was essentially rejected and they offered me a new position which I accepted to start upon my return ) and I received a variation to my terms of employment which did not require signing as it was "mutually agreed changes". I did have many questions about this and requested a job description and I needed additional training in order to be able to start the role, none of which came to fruition.
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: Sorry I sent that before I meant to. So on return from maternity leave I did not commence the new role, I was immediately furloughed. My furlough pay is being calculated as that of the role I was in on the 19th March as that is the terms of the scheme. My employer is now trying to make me redundant from the new role even though I never started it and I'm arguing that I've been furloughed under my old job and therefore they can't make me redundant from a role I never started and they could not furlough a new job that cake about after the scheme starting date.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee and no don't belong to a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

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?

Customer: replied 6 days ago.
Hi Ben. I've worked for them for 3 years and I'm looking to ascertain my legal position on what employment contract I am furloughed under?

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.

Ben Jones and 2 other Law Specialists are ready to help you
Customer: replied 6 days ago.
Thank you very much for your help. I appreciate the legal position being clarified for me.

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