How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask MARTINT330 Your Own Question
MARTINT330
MARTINT330,
Category: Law
Satisfied Customers: 42
Experience:  Expert
112154245
Type Your Law Question Here...
MARTINT330 is online now

My question is I have been on furlough nearly all last year

Customer Question

My name is ***** *****ttllewood my question is I have been on furlough nearly all last year ,march 12 this year I got phone call to say I was being made redundent never received a letter of confirmation. Then received phone call from area manger to say I was being renstated for furlough reasons till June and possibly could be extended now I have been told I have to reapply for my job can they do that cause I thought I was still employed by them .
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: No just wanted to find out where I stand first .
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: Employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I do have a copy of the letter that I asked for with regards ***** ***** taking me back on furlough .
Submitted: 10 days ago.
Category: Law
Expert:  MARTINT330 replied 10 days ago.

Good evening. I am happy to help today.

Expert:  MARTINT330 replied 10 days ago.

Could you send a copy of the letter received regarding taking you back on furlough?

Customer: replied 10 days ago.
Have you got email address
Expert:  MARTINT330 replied 10 days ago.

Can you upload as attachment? When taking a photo be careful not to show your personal details.

Customer: replied 10 days ago.
I will send it to you tomorrow morning .
Expert:  MARTINT330 replied 10 days ago.

Perfect.

Customer: replied 10 days ago.
File attached (TGL5G1T)
Customer: replied 10 days ago.
File attached (2TSTQ6V)
Customer: replied 10 days ago.
I signed this because I felt if I didn't I would have got the furlough money.
Customer: replied 10 days ago.
Let me know if you can open the attachments.
Customer: replied 9 days ago.
Have you opened this cause haven't heard anything .
Expert:  MARTINT330 replied 9 days ago.

Thank you for the documents.

Expert:  MARTINT330 replied 9 days ago.

We have the following helpful guidance drafted in respect of furlough and redundancy which is helpful in your position.

Can my old employer re-hire me and put me on furlough?

Yes, the furlough scheme specifically allows this if you were on the payroll and stopped working for them after 19 March 2020.  You should speak to your ex-employer and ask whether they would be willing to put you back on the payroll and designate you as ‘furloughed’. Your employer may very well agree (particularly if the business is likely to recover quickly after the crisis) but there is no obligation to do so.

It appears this is what your employer has done

Do I have to re-pay any termination payments if I am rehired?

You may have already received a redundancy payment, notice pay and other lump sum payments. It is entirely a matter of agreement between you and your ex-employer on whether you would have to repay any sums already received.

It would appear your employer has made you redundant however it is not clear whether they have followed the correct consultation periods etc.

what is your ideal outcome in the scenario. Do you wish to rejoin the company or sue them for unfair dismissal?

Customer: replied 9 days ago.
I want to re turn to work but I have to reapply and they already addvitised it on their web site but I have not come of furlough utill the end of June .
Expert:  MARTINT330 replied 9 days ago.

In that case it would be prudent to reapply given that you have signed the documentation previously. Had you any performance related issues or disciplinaries prior to furlough?

Expert:  MARTINT330 replied 8 days ago.

Please let me know if I can help with anything else.

Expert:  MARTINT330 replied 8 days ago.

If there is anything else I can help with please let me know. If you leave a review when you receive an email, it really helps my ratings.